August 4, 2015

Kevin Gourlay

Kevin Gourlay

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…

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April 25, 2014

Kevin Gourlay

Kevin Gourlay

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…

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March 23, 2014

Kevin Gourlay

Kevin Gourlay

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…

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March 19, 2014

Kevin Gourlay

Kevin Gourlay

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…

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Categories

Costs, Counsel Notes

January 28, 2014

Kevin Gourlay

Kevin Gourlay

Counsel Notes: Settling without instructions – don’t

Stories are still told of certain lawyers that used to settle claims in bulk, then go back to their clients and advise them of their good fortune, dividing up the total settlement as the lawyer saw fit.  That was supposed to be a thing of the past. Lawyers must have…

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