Week Twelve: Post-settlement and Post-judgment procedures

Teaching Objectives

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; 
• Contingency Fee Agreements;
• Prejudgement Interest;
• Post-Judgement Interest;
• Tax Gross-Up & Management Fees;
• Taxation of a bill of costs; 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
• Formal Offers to Settle / Costs: Park v. Donnelly, 2018 BCSC 219
• Ethical & Professional Responsibilities: Re: Mussio 2015 LSBC 15
• Prejudgement interest, post judgement interest, management fees & tax gross up: Rhodes v. City of Surrey, 2020 BCSC 1318
• Appeals:Steinlauf v. Deol, 2022 BCCA 96;