Chilliwack Office
Mailing:
PO Box 390
Chilliwack, BC V2P 6K2

Deliveries:
9259 Main Street
Chilliwack, BC V2P 4M8

Abbotsford Office
200 – 2955 Gladwin Rd,
Abbotsford BC V2T 5T4
(604) 852-3646

Tag: negligence

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Waxing your board: Liability on the slopes

This past winter has been one of the best in recent memory for snow conditions on the local mountains. While out enjoying sunny days, blue

October 12, 2016

Fore-Warned: Negligence on the Golf Course

Chilliwack is blessed with some of the most beautiful and playable golf-courses around, and may have more golf per capita than anywhere else. When you

March 8, 2013

Defendant Not Awarded Costs Despite Beating Formal Offer to Settle

In the case of GATZKE V. SIDHU, 2011 BCSC 1214 (“GATZKE”), released on September 9, 2011, Saunders J. provided reasons on costs. In an earlier judgment on liability and quantum of damages (reported at 2011 BCSC 988), the Plaintiff was found to be 70% at fault and consequently received only 30% of the $31,500 awarded at trial.

However, before any award of damages was made the Defendants had made a settlement offer of $50,000 pursuant to Rule 9-1 of the SUPREME COURT CIVIL RULES, an amount much higher than the approximately $10,000 the Plaintiff ultimately received. Because the settlement offer was higher than the amount awarded, the Defendants sought an order stating that they were entitled to all of their costs incurred after the offer was made. This kind of order is permitted by Rule 9-1(5).

September 21, 2011