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Archive for the ‘Costs’ Category

What Is A "Reasonable Offer to Settle" - Kostecki v. Li, 2015 BCSC 1356
August 4, 2015

What Is A “Reasonable Offer to Settle” – Kostecki v. Li, 2015 BCSC 1356

Reasons today from Mr. Justice Schultes to deal with costs following a trial where the plaintiff was awarded $49,000. The plaintiff had made two formal offers to settle, the first for $45,000 and the second for $30,000, and was seeking double costs. When considering whether to award a successful plaintiff double costs or deny an…

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The Inequity of Double Costs -- Wettlaufer v. Air Transat
April 25, 2014

The Inequity of Double Costs — Wettlaufer v. Air Transat

Rule 9-1 is intended to encourage parties to settle cases.  It does so by giving trial judges the discretion to order penalties in costs against parties that failed to accept reasonable settlement offers.  This generally means that if the plaintiff recovers more than he offered to settle for, he gets a costs bonus.  If a…

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The "Successful Party" -- Loft v. Nat
March 23, 2014

The “Successful Party” — Loft v. Nat

The BC Court of Appeal recently clarified that a plaintiff who recovers damages is the “successful party” for the purposes of costs.  There had been a number of trial judgments (Visona v. Stewart, 2013 BCSC 2006, Werner v. Ondrus, 2013 BCSC 1565) that had deprived the plaintiff of costs after receiving judgment in less than the…

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Despising a client "sometimes" good enough to get off the record?
March 19, 2014

Despising a client “sometimes” good enough to get off the record?

I recently came across an unusual decision (R. v. Gregory Goodridge, 2011 ONSC 7556) where counsel was applying for costs payable by a trial judge who had refused his application to get off the record at the start of a criminal trial for threatening bodily harm. I wasn’t able to find the underlying decision but…

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Information provided in our blog posts is not intended to be legal advice.

The outcome of every legal proceeding will vary according to the facts and unique circumstances in each individual case. References to successful case results where the lawyers at Murphy Battista LLP have acted for clients are not necessarily a guarantee or indicative of future results.