Plaintiff’s Denied Disbursements Successfully Defended on Appeal to B.C. Supreme Court
Kelly McCullagh of Carfra Lawton LLP successfully defended an appeal in the Supreme Court of British Columbia of a decision by Registrar Bouck reducing or disallowing numerous disbursements claimed by a plaintiff in a personal injury action (see our summary of the Registrar’s decision here).
On appeal Mr. Justice MacKenzie found that none of the Registrar’s findings were clearly or plainly wrong or based on any error in principle (Salsman v Planes 2014 BCSC 1726). The court upheld all of the reductions appealed: the complete disallowance of disbursements for the reports of two physiotherapist and a physiatrist; the reduction in allowed amounts for the reports of a neuropsychologist and an occupational therapist; and a significant reduction in the amount allowed for photocopying.
The appeal confirmed that proportionality is a relevant factor when determining whether a disbursement was reasonable at the time the expense was incurred.