Berekoff v. McMath

Berekoff v. McMath

The registrar concluded the plaintiff had undertaken substantial pre-trial preparation sufficient to justify the capped pre-trial preparation award; by agreement with plaintiff's counsel a 10% reduction was applied resulting in $5,850 plus applicable taxes; disbursements were allowed as claimed except photocopies limited to $250; total costs assessed at $12,008.37.

Citation
2013 BCSC 2032
Parties
Plaintiff: Jeffrey Berekoff; Defendant: Matthew Thomas Alexander McMath
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 August 2013
Procedural Posture
Personal Injury (fast Track Litigation, Rule 15 1) / Assessment of Costs After Settlement
Outcome
Costs awarded to Plaintiff.
Legal Topics
Fast Track Litigation, Rule 15 1(15), Costs Cap, Pre Trial Preparation, Settlement
Source Language
English
Civil Procedure Costs Personal Injury Fast Track Litigation Rule 15 1(15) Costs Cap Pre Trial Preparation Settlement

Case Brief

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Parties

Jeffrey Berekoff

Plaintiff

Matthew Thomas Alexander McMath

Defendant

Procedural Posture

Personal Injury (fast Track Litigation, Rule 15 1) / Assessment of Costs After Settlement

Legal Issues

  1. 1 Whether a successful party is entitled to the full cap under Rule 15-1(15) when a matter settles before trial
  2. 2 Whether costs should be reduced to reflect incomplete trial preparation at the time of settlement
  3. 3 Proper allowance of disbursements including photocopy charges

Ratio Decidendi

The registrar concluded the plaintiff had undertaken substantial pre-trial preparation sufficient to justify the capped pre-trial preparation award; by agreement with plaintiff's counsel a 10% reduction was applied resulting in $5,850 plus applicable taxes; disbursements were allowed as claimed except photocopies limited to $250; total costs assessed at $12,008.37.

Court Disposition

Costs awarded to Plaintiff.

Orders

  • Costs awarded to Plaintiff in the amount of $5,850 plus applicable taxes.
  • Disbursements allowed as claimed except photocopy charges reduced to $250.