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In Parmar v. Tribe Management Inc. (2022 BCSC 1675), Ms. Parmar's claim of constructive dismissal was dismissed. Tribe Management Inc. sought party and party costs as well as double costs for all steps taken in the proceeding. Ms. Parmar argued that each party should have borne their own costs or that she should not have been subject to double costs. Tribe's claim for double costs was based on an offer to settle made on May 31, 2022. The court could consider an offer to settle when determining costs. Tribe specifically relied on Rule 9-1(5)(b) to seek double costs. The Offer was open for acceptance until June 29, 2022, but Ms. Parmar did not accept it. The court had to consider various factors when making a costs order. The court acknowledged that this had been a case of first impression and that the law on employers' rights regarding unpaid leaves due to mandatory vaccination policies had been uncertain. However, the court found that the law provided adequate guidance, and the case had not warranted a departure from the general rule on costs. Ms. Parmar's intention to provide guidance on vaccine policies had not transformed the case into broader public interest litigation. Therefore, the general rule on costs had applied.
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Plaintiff
Defendant
Court
Supreme Court of British ColumbiaCase Number
S220954Practice Area
Labour & Employment LawAmount
Not specified/UnspecifiedWinner
DefendantTrial Start Date