This is an appeal by the plaintiff of an order of the Master on March 23, 2010. The Master ordered that the plaintiff, James Leo Agesen, submit to a medical examination by Dr. J.F. Schweigel, an orthopaedic surgeon, on March 30, 2010, at 2:45 p.m....
The plaintiff appeals the December 29, 2009 decision of Master Tokarek sitting as Registrar of the Court wherein the Learned Registrar did not allow the claim of interest on a disbursement incurred by the solicitor for the Plaintiff....
This application concerns costs following the trial of this matter in which I ordered that the Thomas defendants pay damages to the plaintiff and that the action against the defendant Horth be dismissed. The plaintiffs damages exceeded an offer to settle made by the Thomas defendants. Neither the plaintiff nor the defendant Horth had delivered a formal offer to settle....
Mr. Burton is the plaintiff in an action for damages arising out of a motor vehicle accident that occurred on August 2, 2005. The trial of this action is scheduled to commence on April 19, 2010. However, the defendants have brought this application for a declaration that there is a binding settlement agreement between the parties and a stay of proceedings with respect to the trial. In this regard, the defendants rely upon Rules 2(2), 19(24), and 37B of the Rules of Court, s. 8 of the Law and Equity Act, R.S.B.C. 1996, c. 253, and the inherent jurisdiction of the court....
This ruling concerns the tax gross up and management fees on the award made by the jury in this action. Aside from the award for non pecuniary damages, the jury awarded a total of $1,795,000, including $1,100,000 for the costs of future care, $455,000 for future loss of earnings, and $240,000 for the future loss of interdependency. The total award of $1,795,000 was subject to a 20% reduction to reflect the jurys finding of contributory negligence against the plaintiff. ...
This civil jury trial concluded on December 21, 2009 when the jury awarded the plaintiff damages against the defendant Mohamed Abdikani Mohamed (Mohammed) in an amount totalling $1,813,440 (ie. following 20% deduction for contributory negligence). The claim against the defendant Joseph Samuel (Samuel) was dismissed. The plaintiff now applies for the following orders: · that she recover 100% of her costs of the entire proceeding at Scale C, payable by the defendants Mohammed and Christopher Brent Dubois (Dubois), pursuant to Rule 57(9) and Section 3 of the Negligence Act. · an order pursuant to Rule 57(18) requiring the defendants Mohammed and Dubois to pay the costs of the successful defendant Samuel; and · an order pursuant to Rule 37B that she is entitled to double costs from the defendants Mohamed and Dubois from November 10, 2009 to present. ...
Paul Singleton is claiming damages for injuries he alleges he suffered when he was assaulted by the defendants John ONeil and Don Mace on July 11, 2007. At the time of the alleged assault, Mr. ONeil and Mr. Mace were employed as Transit Police by the Greater Vancouver Transportation Authority, operating as Translink. Mr. Singleton commenced this action on July 31, 2007, and filed a notice requiring trial by jury. The trial is set for five days commencing August 16, 2010. The defendants are applying for an order that this matter be determined under Rule 68 of the Rules of Court before a judge alone....
The plaintiff, Ms. Lakhani, advanced a claim for damages arising out of a motor vehicle accident. Following the release of my Reasons for Judgment, which can be found at 2009 BCSC 1058, the parties returned before me to address two specific issues relating to an award of costs:i) did the plaintiffs failure to be forthright in the evidence she gave at trial disentitle her to the award of double costs which she might otherwise receive under Rule 37B?; andii) given Rule 57(7), is the plaintiff entitled to recover the costs and disbursements related to several specific witnesses?Background...
Mr. Olenga claims that the defendant, Sisett & Company, was negligent in its legal representation of him....
The plaintiff applies for costs after a jury trial that took place in New Westminster from November 30, 2009 to December 4, 2009....