Lindsay Kenney partner, P.G. Kent-Snowsell recently obtained a very favourable costs award against ICBC . ICBC ignored a Formal Offer to Settle from the Plaintiff instead choosing to force the case to trial. At the conclusion of the trial Mr. Kent-Snowsell obtained a damage award for his client in excess of $200,000.00. The award well exceeded Mr. Kent-Snowsell’s client’s first offer to settle with ICBC. At a subsequent application before the trial judge to determine what costs should be payable by ICBC, Mr. Justice Skolrood ordered that ICBC had to pay Mr. Kent-Snowsell’s client a 50% premium in court costs for his trial preparation because ICBC did not accept the first offer to settle. In his decision on costs Mr. Justice Skolrood stated “I find that the plaintiff’s first offer was one that ought reasonably to have been accepted (by ICBC)…I am satisfied that the plaintiff is entitled to an award of costs that recognizes that his first offer was one that ought reasonably to have been accepted.” If ICBC is telling you you don’t need a lawyer, you may want to get a second opinion… Put the power of Lindsay Kenney LLP’s experience to work for you – Contact P.G. Kent-Snowsell at our Langley office.
This article is intended to be an overview of the law and is for informational purposes only. Readers are cautioned that this article does not constitute legal or professional advice and should not be relied on as such. Rather, readers should obtain specific legal advice in relation to the issues they are facing.