ICBC Ordered to Pay Costs for Inappropriate Application
Mr. Cotter represents a young lady injured in a motor vehicle accident where her main injury is a chronic whip lash injury to her neck. This claimant was only 17 years old when it happened, and she is still recovering from the injury, such that it is unclear as to her degree of recovery. Even though the claim had just been started, the ICBC lawyer demanded particulars relating to this young lady’s past wage loss and her claim for wage loss in general. Despite being advised that this type of information was premature, ICBC proceeded with its application seeking this information and also seeking costs personally against Mr. Cotter. The Master who heard the application dismissed ICBC’s application for particulars and ordered costs against them. In essence, the application for particulars was deemed to be premature, and the tactic of seeking costs personally against a claimant’s lawyer was deemed to be inappropriate.
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