Posts tagged with: "9"
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13 Jul 2012, 11:36 am by emagraken
In my continued efforts to track the judicial shaping of Rule 9-1, reasons for judgement were released recently by the BC Supreme Court, New Westminster Registry, ordering double costs following trial where a Plaintiff bested a withdrawn formal settlement offer. In the recent case (Bartel v. Milliken) the Plaintiff was injured in a 2008 collision.  Prior to trial the Plaintiff delivered a formal settlement offer of $29,800.  This offer was withdrawn after trial but before judgement.  The trial… [read post]
10 Aug 2012, 8:52 am by emagraken
Last month I discussed the fact that withdrawn formal settlement offers are capable of triggering costs consequences.  Reasons for judgement were released recently confirming this fact and awarding a Plaintiff double costs after besting a formal settlement offer which was withdrawn in the course of trial. In the recent case (Pitts v. Martin) the Plaintiff was injured in a 2008 collision.  The injuries included chronic soft tissue injuries and post traumatic stress which limited the Plaintiff in… [read post]
16 Jan 2012, 8:55 am by Jonathan D. Montag
An amazing thing about immigration law is that hot topics can be issues that have been festering for years and one would imagine would have been resolved by now. For example, the Supreme Court recently decided a case, Judulang v. Holder, a very important decision about 212(c), a relief statute that disappeared fifteen years ago [...] [read post]
7 Oct 2013, 2:31 pm by D. Daxton White
Are you concerned about your investment in CORE Realty Holdings? If so, The White Law Group may be able to help you through a Financial Industry Regulatory Authority (FINRA) arbitration claim against the broker dealer that sold you the investment. According to their website, CORE Realty Holdings provides Co-Ownership of Real Estate (CORE) investment opportunities through 1031 exchanges commonly offered as a Tenant-In-Common (TIC) ownership format. The company “targets the acquisition of… [read post]
26 Jul 2012, 7:53 am by emagraken
Adding to this site’s archived posts of costs consequences following trials with formal settlement offers, reasons for judgement were released this week by the BC Supreme Court, New Westminster Registry, addressing this topic following a ‘liability only’ trial. In this week’s case (Cyr v. Blaine) the Plaintiff was involved in a 2009 collision.  The parties agreed that, subject to proving fault, the value of the claim was $60,000.  The parties could not agree on fault both arguing the other… [read post]
24 Apr 2012, 7:20 am by emagraken
Reasons for judgement were released this week by the BC Supreme Court, Victoria Registry, confirming that the Court cannot award double disbursements following a trial where a formal settlement offer was bested. In this week’s case (Moore v. Kyba) the Plaintiff was awarded substantial damages in a jury trial following a motor vehicle collision.  The damages awarded exceeded both the Plaintiff’s and Defendant’s pre-trial formal settlement offers.  The Plaintiff brought… [read post]
28 Jun 2012, 7:53 am by emagraken
As previously discussed, when a Plaintiff fails to beat a Defendant’s formal settlement offer at trial they can be exposed to significant costs consequences.  One factor that Courts can consider when using their discretion is the financial status of the parties including whether the Defendant is insured.  Reasons for judgement were released this week by the BC Supreme Court, New Westminster Registry, using this factor in shielding a Plaintiff from potentially hefty costs consequences. In this… [read post]
16 Jul 2013, 9:09 am by Lewis B Gainor
The courts treat most accidents as a matter of negligence. The person who is responsible for the accident is considered at fault, or liable. Anyone who is injured or killed by the person at fault can recover damages in a civil action for personal injury or wrongful death. Since the person responsible did not intend the outcome, he isn’t charged with a crime. But in some instances, even though the person responsible for the accident didn’t intend the outcome, he is prosecuted. A person… [read post]
11 Jul 2013, 10:51 am by Troy G. Rosasco
October 3, 2013 is the final deadline for many first responders and survivors of the attacks on September 11thto register for cash benefits from the WTC Victim Compensation Fund. Sheila Birnbaum,  Special Master of the 9/11 Victim Compensation Fund,  will be coming to Commack, Long Island on Thursday, July 11th for a Town Hall meeting and question and answer session about the Zadroga Act and the 9/11 Victim Compensation Fund.    Linda Carson and Angela… [read post]
13 Mar 2013, 9:58 am by emagraken
Adding to the list of ‘other factors‘ Courts can consider when deciding whether a formal settlement offer should trigger costs consequences following trial, reasons for judgement were released last week by the BC Supreme Court, New Westminster Registry, considering the fact that an infant settlement would require Public Trustee approval. In last week’s case (Nemoto v. Phagura) the Plaintiff was involved in a collision when she was 13.   One week before… [read post]
12 Jul 2013, 7:07 am by emagraken
Short and to the point reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, awarding a plaintiff double costs after proceeding to trial and besting a pre-trial settlement offer. In the recent case (Codling v. Sosnowsky) the Plaintiff was injured in a motor vehicle collision.  Prior to trial she made a formal settlement offer for $55,000.   ICBC rejected this and proceeded to trial where she was awarded just over $70,000.  The Court awarded the… [read post]
12 Aug 2011, 7:50 am by emagraken
I’ve written many times about the risks and consequences formal settlement offers can create in the course of a personal injury lawsuit.  Interesting reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, refusing to give ICBC double costs after the dismissal of a lawsuit because of a ‘special costs‘ clause in their formal offer. In this week’s case (Wong v. Lee) the Plaintiff was injured in a 2003 motor vehicle collision.  She sued her driver but… [read post]
30 Sep 2009, 11:17 am by Troy Rosasco
Great legal news for injured and ill 9/11 rescue and recovery workers!  In an article published in Newsday today, Governor David Paterson has just signed a new law effective September 16, 2009 allowing workers who missed lawsuit filing deadlines to sue New York City for negligence for telling workers that the air at Ground Zero was safe, when in fact it was deadly soup of toxins. Any sick 9/11 Ground Zero worker who had a prior claim dismissed or who never filed a claim in the first place should… [read post]
9 Mar 2012, 7:57 am by emagraken
Reasons for judgement were released last month by the BC Supreme Court, Vancouver Registry, discussing the broad discretion that Judges have respecting costs consequences following trial where formal settlement offers have been made. In last month’s case (Ward v. Klaus) the Plaintiff was involved in a motor vehicle collision.  Prior to trial ICBC tabled a $493,000 settlement offer.  As trial neared the offer was increased to $595,000.  The Plaintiff rejected these offers and went to trial.… [read post]
8 Jun 2012, 7:18 am by emagraken
In a good demonstration of the Court’s discretion following a trial where a Plaintiff does not beat a pre-trial defence formal settlement offer, reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, taking a Plaintiff’s post offer costs and disbursements away but not requiring the Plaintiff to pay the Defendant’s costs and disbursements. In this week’s case (Tompkins v. Bruce) the Plaintiff turned down a pre-trial formal settlement offer of $950,000.… [read post]
20 Mar 2012, 8:07 am by emagraken
In 2010 the BC Court of Appeal confirmed that Judges can look at insurance when considering the “financial circumstances” of litigants when addressing costs consequences following trials where a formal settlement offer was made.  Further reasons were released last week by the BC Supreme Court, Victoria Registry, confirming that costs consequences should not be applied with the ‘fiction‘ of ignoring insurance. In last week’s case (Meghji v. Lee) the Plaintiff suffered brain trauma… [read post]
2 Feb 2012, 7:12 am by emagraken
In 2010 the BC Court of Appeal found that Judges could consider the existence of insurance when exercising costs discretion following a trial in which a formal settlement offer was made.  Last week reasons for judgement were released by the BC Supreme Court, Victoria Registry, expanding on this principle finding that the limits of insurance coverage were equally applicable. In last week’s case (Meghji v. Lee) the Plaintiff suffered brain trauma after being struck by a motorist while… [read post]
19 Jan 2011, 7:19 am by emagraken
I’ve written many times about the significant costs a party can be exposed to for being on the losing end of a BC Supreme Court lawsuit.  Reasons for judgement were released today further demonstrating this reality under the New BC Supreme Court Rules. In today’s case (Chen v. Beltran) the young Plaintiff entered an intersection against a red light on his skateboard.  He was struck by a vehicle operated by the Defendant and sustained injuries.  He sued for damages but his claim was dismissed… [read post]
6 Oct 2011, 7:55 am by emagraken
As previously discussed, BC has a true ‘loser pays‘ system which generally requires the loser of a lawsuit to pay the winners costs.  If a Defendant makes a formal settlement offer and defeats the Plaintiff’s lawsuit the Court has the discretion to award double costs.  Reasons for judgement were released recently by the BC Supreme Court, New Westminster Registry, refusing to make such an order in circumstances where the formal offer was little more than a walk-away offer. In last week’s… [read post]
24 Jun 2013, 7:51 am by emagraken
Reasons for judgement were released last week by the BC Supreme Court, Vancouver Registry, addressing costs consequences following a trial where ICBC marginally beat their pre-trial settlement offer. In last week’s case (Wattar v. Lu) the Plaintiff  was injured in a collision in which she and the Defendant were found equally at fault.  After the liability split the Plaintiff’s net damages awarded at trial came to $26,000.  Prior to trial ICBC made a formal offer of… [read post]