The plaintiff appeals a costs award made in this personal injury action following the trial judge’s finding that she was entitled to damages, subject to the apportionment to her of 50% of the liability for her injuries. Prior to trial, the plaintiff had declined to accept an offer from the defendant to settle her claims for an amount in excess of the damages she was found to have suffered, even before the apportionment of liability. Thus when awarding costs, the trial judge applied Smith v. Knudsen 2004 BCCA 613, (2004) 33 B.C.L.R. (4th) 76, and ordered that she receive 50% of her costs assessed to the date of the offer, and that she pay the defendant’s costs after that date. Later, the plaintiff’s contributory fault was reduced to 25% on appeal.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.