Carfra Lawton LLP | Victoria BC

Costs Consequences for Failing to Consider Weaknesses of...

In Wiebe v. Wiebe, 2018 BCSC 1062 the plaintiff sued for personal injuries from a car accident. At trial,...

Defendants need not pay more than what is reasonable for...

The plaintiff in Senner v. GE Canada Leasing Services Company, 2018 BCSC 1256, sought an assessment of his costs...

Surveillance video raises credibility issues, leads to...

In Brar v. Ismail, 2018 BCSC 1573, a jury dismissed the plaintiff’s claim for injuries she alleged after a...

Supreme Court Costs Set By Reasonable Expectation of...

In Greenlees v. Starline Windows Ltd., 2018 BCSC 1457, the British Columbia Supreme Court set the plaintiff’s costs by...

Defence offers to settle should have been accepted

In Gill v. McChesney, 2018 BCSC 1378, the plaintiff was awarded nearly $90,000 in damages in a personal injury...

Time fees charged by professionals called as fact...

In Luis v. Marchiori, 2018 BCCA 317, the Court of Appeal affirmed a Registrar’s decision that fees charged by...

Costs Consequences Arising from Unclear Offer to Settle

In Park v. Donnelly, 2018 BCSC 219, the BC Supreme Court confirmed that an offer to settle must be...

Recoverable disbursements: Can the plaintiff recover...

In the recent case of Wynia v. Soviskov, 2017 BCSC 195 the BC Supreme Court addressed the recoverability of...

Costs Consequences of Wrongful Denial of Coverage by...

In its recent decision in Williams v. Canales 2016 BCSC 1811, the BC Supreme Court held that the costs...

Evidence required to set-off costs after acceptance of...

In Johnstone v. Haynes, 2015 BCSC 770 the defendants sought to enforce costs consequences after the plaintiff accepted an...

No Double Costs if “unduly punitive”

In Mohamed v. Intransit BC Limited Partnership, 2016 BCSC 321, the plaintiff alleged that he was injured falling on...

Defence positions reasonably caused the plaintiff to...

In Gonopolsky v. Hammerston 2015 BCSC 2006 the plaintiff was awarded the costs of her personal injury action although...

Know What You’re Paying For: Disbursements Include...

The Supreme Court decision Ward v. Pasternak 2015 BCSC 1190 has confirmed that it is not inappropriate to “bury”...

Failure to accept “walk away” offer results in double...

In Johnson v. Jamieson 2015 BCSC 648 the court awarded the defendant double costs from the date of delivery...

Plaintiff fined $25,000 for non-compliance with Court...

UPDATE – July 2015 The below-mentioned decision was overturned on appeal (2015 BCSC 1161) . The Court held that the...

Plaintiffs Cannot Recover Interest Paid To Finance...

The Court of Appeal in MacKenzie v Rogalasky 2014 BCCA 446 has found that successful plaintiffs cannot recover, as...

Plaintiff’s Denied Disbursements Successfully...

Kelly McCullagh of Carfra Lawton LLP successfully defended an appeal in the Supreme Court of British Columbia of a...

Informal offer does not revoke formal offer

In Bideci v Neuhold 2014 BCSC 1212 Abrioux J. found that a party’s informal offer to settle did not...

6% Interest Allowed on Plaintiff’s Loan from Lawyer

Cautionary Note: In November 2014 the British Columbia Court of Appeal ruled that no interest is payable on...

When Counsel pays for an Inflammatory Closing

In Walker v John Doe and Insurance Corporation of British Columbia 2014 BCSC 294 Mr. Justice Voith discussed the...

Supreme Court of B.C. Reaffirms Principle of...

Salsman v. Planes 2014 BCSC 45 The defendant challenged numerous of the plaintiff’s claimed disbursements following settlement of a motor...

Getting Double Costs with a Nominal Offer to Settle

The reasons in Charland v Cloverdale Minor Baseball Association and Wheeler 2013 BCSC 2349 recently affirmed that double costs...

A Difficulty with Challenging Disbursements

The reasons in Zhang v Heikkila 2013 BCSC 2275 were recently published. This BCSC decision highlights the difficulties that...