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Henry v Fontaine

The plaintiff had applied for double costs of the trial. They had been injured in a motor vehicle accident and had commenced the action. They had made a formal offer to settle the action for $200,000, which had not been accepted. The trial had proceeded, and the plaintiff had been awarded judgment in the amount of $298,475.57. After reaching an agreement on deductions, the net judgment had been $289,086.57 plus costs. The plaintiff had sought double costs based on Rules 9-1(5) and (6) of the Supreme Court Civil Rules. The court had considered factors such as the reasonableness of the settlement offer, the relationship between the offer and the final judgment, the financial circumstances of the parties, and other relevant factors. The court had concluded that the offer had not been one that the defendants reasonably should have accepted. Therefore, there had been no award of double costs, but the plaintiff had been entitled to costs at Scale B, and the defendants had been entitled to their costs of the application.

Aaron Todd Henry
Law Firm / Organization
Not specified
Lawyer(s)

R. Bisbicis

Marcel Fontaine
Law Firm / Organization
Not specified
Lawyer(s)

T. Lippold

Yvonne Fontaine
Law Firm / Organization
Not specified
Lawyer(s)

T. Lippold

Supreme Court of British Columbia
M197153
Personal injury law
$ 289,087
Plaintiff