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Court Considers Criteria For Awarding “Scale C” Costs
Reasons for judgment on the issue of costs relating to the trial decision of X. V. Y., 2011 BCSC 944, were released on January 13, 2012 (reported at 2012 BCSC 37). The trial decision of X. V. Y., which dealt with a motor vehicle accident involving a police officer responding to an emergency call, was the subject of a past blog entry on contributory negligence and liability, available here.
Plaintiff’s Claim For Interest on Disbursement Financing Disallowed
A previous blog entry (available here) discussed the case of CHANDI V. ATWELL, 2011 BCSC 1498 (“CHANDI”), in which recovery of financing costs on a reasonable disbursement was allowed by Registrar Cameron. In that case, Registrar Cameron declined to award the full amount of disbursement financing, instead making “allowance for disbursement interest based upon Registrar’s rates with the calculation of the total amount to be akin to the calculation of interest payable on special damages pursuant to the relevant provisions of COURT ORDER INTEREST ACT” (at para. 75).
Court of Appeal Finds Massage Therapy a Mandatory Part VII Benefit
In the important decision RAGUIN V. INSURANCE CORPORATION OF BRITISH COLUMBIA, 2011 BCCA 482(“RAGUIN”), released November 29, 2011, the Court of Appeal considered the Plaintiffs’ claim that ICBC had an obligation to pay for massage therapy benefits under Part 7 of the INSURANCE (VEHICLE) REGULATION(the “REGULATION”).
Plaintiff’s Claim Struck For Failure to Prove Liability of Unidentified Driver
On November 9, 2011, the Honourable Mr. Justice Williams of the British Columbia Supreme Court delivered his judgment in PAGUIO V. FRASER, 2011 BCSC 1519.
The trial was a result of an action filed by Cesar Paguio, to establish liability for the serious head injury he suffered in an auto accident on February 28, 2010. At the time of the accident, Mr. Paguio was driving his motor scooter in the right hand lane along Knight Street, in Richmond. He suddenly crossed into the left lane occupied by a Volkswagen, operated by Mr. Fraser, striking Fraser’s vehicle in the area of the right front wheel well and tire.
Damages Not Reduced Based on a Lack of Doctor Visits
The British Columbia Supreme Court recently held that the number of visits to a doctor’s office does not determine the value of the Plaintiff’s personal injury claim. In TARZWELL V. EWASHINA, the Plaintiff was injured in a motor vehicle collision in 2007 and suffered soft tissue injuries to the lower back and trapezius muscle. After she was injured, the Plaintiff decided not to burden the medical system with unnecessary visits to physicians who would give her little or no further advice other than what she had already received and followed.
Interest on Disbursements Reduced by Registrar
Given the often expensive nature of legal proceedings, the question of whether one party will be responsible to pay the costs incurred by the other party can become highly contentious.
In CHANDI V. ATWELL, 2011 BCSC 1498 (“CHANDI”) [Decision of Registrar: reasons for judgment released on November 4, 2011], District Registrar Cameron was faced with an assessment of the Plaintiff’s costs in a personal injury action that settled for $900,000, plus taxable costs and disbursements. One issue the Registrar had to consider was the recoverability of financing costs incurred by the Plaintiff on disbursements.