Week Eleven: Post-settlement and Post-judgment procedures

Teaching Objectives

To ensure you understand what happens after a settlement or a trial, to ensure finality of the proceedings.  This includes consideration of:

  • Formal Offers to Settle and cost consequences
  • Settlement Agreements
  • Settlement Terms
  • Settlement Documentation;
  • BC Ferry Agreements in the case of multi-party litigation;
  • Professional & Ethical Responsibilities
  • Public Guardian and Trustee review of infant settlements;
  • The Health Care Costs Recovery Act;
  • Subrogation and the elimination of subrogation rights under the new section 83
  • 83 deductions;
  • Contingency Fee Agreements
  • Prejudgement Interest
  • Post-Judgement Interest
  • Tax Gross-Up & Management Fees
  • Taxation of a bill of costs
  • The 6% disbursement cap; and
  • Appeal deadlines and Appeals.

 

READINGS:

  • Enforcing settlement agreements: Roumanis v. Hill, 2013 BCSC 1047;
  • BC Ferry Agreements and Apportionment: Conarroe v. Tallack, 2020 BCSC 626
  • Part 7 benefits, section 83 deductions: Skinner v. Dhillon, 2021 BCSC 1992
  • Formal Offers to Settle / Costs: Park v. Donnelly, 2018 BCSC 219
  • Ethical & Professional Responsibilities:2015 LSBC 15
  • Prejudgement interest, post judgement interest, management fees & tax gross up: Rhodes v. City of Surrey2020 BCSC 1318
  • Appeals: Uy v. Dhillon, 2020 BCCA 163 and Steinlauf v. Deol, 2022 BCCA 96

Download Lecture Notes

We enclose the following information for students (current and prospective) regarding the Personal Injury Law course: