The plaintiff seeks an order that he be awarded double costs of all steps taken in this proceeding following service of a certain offer to settle dated February 17, 2014. For the reasons that follow, I grant the order.Background...
Sheila McLeod was injured in a motor vehicle accident on August 14, 2008. Liability is admitted on behalf of the defendants and, therefore, the issues before this court relate to an assessment of damages claimed for her injuries. Mrs. McLeod seeks damages for pain, suffering and loss of enjoyment of life, loss of past earning capacity, loss of future earning capacity, cost of future care, and special damages....
The defendant, the Insurance Corporation of British Columbia (ICBC) brings this application to strike out statements made in three letters by counsel for the plaintiff which are directed at three expert witnesses whose reports are relied on by the defendant. The letters from counsel were delivered in accordance with R.11-6 (10) of the Supreme Court Civil Rules, BC Reg. 168/2009 [Rules], and serve as the plaintiffs notice of objection to the admissibility of each of the experts evidence. The language in the three letters in question is identical except for the experts name. The letters set out in very general terms - which could be described as boilerplate - the reasons why the plaintiff says the reports are inadmissible. The statement to which the defendant objects in each of the letters reads as follows:6. We shall seek sanctions personally against [experts name], including but not limited to Special Costs....
This is a claim for damages, arising from injuries Spencer Land, an infant, suffered as a result of a motor vehicle accident that occurred on April 22, 2005. The claim is advanced by his mother and litigation guardian, Georgina Dawn Land. The defendant admits liability and acknowledges that the plaintiff is entitled to compensation but says the award should be much more modest than what the plaintiff says is fair and reasonable.The Accident...
On January 27, 2010, following a two-day trial, the action of the plaintiff, Laurie-Ann Bay, against the defendant, Todd Pasieka, was dismissed. I ordered that the issue of costs be adjourned with liberty to the parties to apply to the court if an agreement could not be reached. Three-and-a-half years after the trial, the defendant now applies for costs. The defendant seeks costs at Scale B and double costs from November 14, 2006, the date an offer to settle was made, to the present. The plaintiff says that each party should bear their own costs....
A trial assessing damages arising out of two motor vehicle accidents proceeded before a jury over the course of thirteen days in August 2011....
The plaintiff is a 65-year old woman who lives in Surrey. She was injured in a motor vehicle accident on February 3, 2010 at the intersection of Fraser Highway and 148th Street. The accident was a low speed rear-ender which caused minimal damage to the vehicle. The ICBC estimators who assessed the damage both considered the claims to be cosmetic. Photographs in evidence show some scuffing on the bumpers of the vehicle, with no deformation....
The plaintiff, Krystyna Bilanik, claims damages for injuries sustained in two motor vehicle accidents. The first occurred on May 16, 2008 when the plaintiff was a passenger in a stationary vehicle struck by the defendant, Juan Ferman (the first accident). Liability for this accident has been admitted on behalf of Mr. Ferman. The only issue is what damages, if any, were sustained by the plaintiff....
On March 2, 2010, Peter Pilfold was a passenger in a Royal City taxi negligently operated by Jaswinder Jaswal which struck the Pattullo Bridge curb in a single vehicle accident in New Westminster, B.C. (the Accident). Mr. Pilfold was on his way to the dispatch office in New Westminster to work as a longshoreman. This case concerns the assessment of damages arising from the negligent operation of the taxi.II. Background...
The Plaintiff, Rich Zajaczkowski, seeks damages of between $1.2 million and $4.4 million arising from a motor vehicle accident. Liability is not in issue....