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Difference between revisions of "Small Claims Costs and Penalties (20:XV)"
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Small Claims Costs and Penalties (20:XV) (view source)
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A list of expenses should be brought to trial and can include expenses incurred due to the lateness, unpreparedness, or general misconduct of a party (Rule 20(6)) as long as the party claiming the expenses has actually spent that amount of money. (''Weeks v Ford Credit Canada Ltd'', [1994] BCJ No 1737). | A list of expenses should be brought to trial and can include expenses incurred due to the lateness, unpreparedness, or general misconduct of a party (Rule 20(6)) as long as the party claiming the expenses has actually spent that amount of money. (''Weeks v Ford Credit Canada Ltd'', [1994] BCJ No 1737). | ||
Wages lost for attending court cannot generally be recovered. (See ''McIntosh v De Cotiis Properties Ltd'', 2002 BCPC 57 (CanLII)). Where a claim before the small claims court has been withdrawn and there are no appropriate grounds to recall it, neither costs nor penalties can be assessed. (See Rule 8; and ''Northwest Waste Systems v Szeto'', 2003 BCPC 431 (CanLII)). | Wages lost for attending court cannot generally be recovered. (See ''[http://canlii.ca/t/5sx2 McIntosh v De Cotiis Properties Ltd]'', 2002 BCPC 57 (CanLII)). Where a claim before the small claims court has been withdrawn and there are no appropriate grounds to recall it, neither costs nor penalties can be assessed. (See Rule 8; and ''[http://canlii.ca/t/1g7cp Northwest Waste Systems v Szeto]'', 2003 BCPC 431 (CanLII)). | ||
In circumstances where the successful party has acted unfairly, withheld information, misled the court, or wasted the court’s time, the successful party may have to pay the unsuccessful party’s costs. (See ''Tilbert v Jack'', [1995] BCJ No 938). | In circumstances where the successful party has acted unfairly, withheld information, misled the court, or wasted the court’s time, the successful party may have to pay the unsuccessful party’s costs. (See ''Tilbert v Jack'', [1995] BCJ No 938). | ||
'''NOTE:''' A lawyer’s fees cannot generally be claimed as expenses. (See ''Small Claims Act'': s 19(4); and ''Weeks v Ford Credit Canada Ltd.'', [1994] BCJ No 1737). The only exception is where the contract between the parties requires the reimbursement of legal costs however this only applies to legal '''fees''' that are not related to the claim. (See ''Wetterstrom et al. v Craig Management Enterprises Ltd.'', 2009 BCPC 165 (CanLII)). | '''NOTE:''' A lawyer’s fees cannot generally be claimed as expenses. (See ''Small Claims Act'': s 19(4); and ''Weeks v Ford Credit Canada Ltd.'', [1994] BCJ No 1737). The only exception is where the contract between the parties requires the reimbursement of legal costs however this only applies to legal '''fees''' that are not related to the claim. (See ''[http://canlii.ca/t/24391 Wetterstrom et al. v Craig Management Enterprises Ltd.]'', 2009 BCPC 165 (CanLII)). | ||
== B. Frivolous Claims == | == B. Frivolous Claims == | ||
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If there has been a formal offer to settle under Rule 10.1 that was not accepted, a penalty, in addition to any other expenses or penalties – up to 20 per cent of the amount of the offer to settle – may be imposed if the offer was the same or better than the result at trial. | If there has been a formal offer to settle under Rule 10.1 that was not accepted, a penalty, in addition to any other expenses or penalties – up to 20 per cent of the amount of the offer to settle – may be imposed if the offer was the same or better than the result at trial. | ||
{{REVIEWED LSLAP | date= August 16, 2020}} | |||
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