This is an assessment of the bill of costs of the plaintiff, Curtis
Hampton. The background facts are set out in the affidavit of Joseph Zak made
and filed September 12, 2014, in paragraphs 2 through 14 as follows:A. THE CLAIM2. This action was brought for the recovery of
damages for personal injury and loss suffered by the plaintiff as a result of a
pedestrian/motor vehicle collision that occurred on February 14, 2009. At that
time, the plaintiff was standing with a group of his friends at the comer of
4th Street East and Temple Street in Revelstoke, B.C. when he was struck by a
Dodge Dakota pick-up truck owned by the defendants, Donald Osachoff and [Deana]
Osachoff, and operated by their son, the defendant, Ryan Osachoff ("Osachoff').3. Osachoff was subsequently charged under the
Criminal Code of Canada and later pled guilty to the offence of dangerous
driving causing bodily harm.4. The Insurance Corporation of British Columbia
denied liability to indemnify Osachoff and entered a third party notice in this
proceeding contesting liability and quantum.5. The plaintiff claimed general and special damages,
past income loss, impairment of income earning capacity and aggravated damages.6. The claim for aggravated damages took into account
the nature of Osachoffs conduct and express lack of remorse.B. THE ACTION7. This action was commenced on January 14, 2011.8. The trial was initially set for hearing for
November 19, 2012.9. On May 14, 2012, the plaintiff applied to adjourn
the trial to enable him an opportunity to determine the extent of
his residual disabilities. The application was contested. The matter was heard
by Master McDiarmid who ordered that the trial be adjourned with costs of the
application awarded to the plaintiff in any event of the cause.10. The trial was rescheduled to commence on June 9,
2014.11. The claim was settled in May 2014 for $280,000.00 plus
costs and disbursements to be assessed.C. CURTIS HAMPTON12. The plaintiff was 20...
