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 Surrey, 2020 BCSC 1318
• Appeals: Uy v. Dhillon, 2020 BCCA 163 and Steinlauf v. Deol, 2022 BCCA 96