Category: Cost awards

Court Orders NBFL to Pay Interest on Litigation Loans in Knowledge House Claims: Why is this decision important to plaintiffs throughout Nova Scotia?

by John McKiggan

Justice Warner has issued his order for costs in favour of the successful Plaintiffs in their claim against National Bank Financial Limited (NBFL) relating to the collapse of Knowledge House Inc (KHI).

This is just the latest chapter in the ongoing litigation that has gone on for more than 10 years since Knowledge House Inc. collapsed in the fall of 2001.

Last year, Justice Warner ordered NBFL to pay the successful plaintiffs more than two millions dollars in compensatory damages and $200,000.00 in punitive damages as a result of share losses suffered by the plaintiffs after the collapse of KHI.

Offers to Settle in Nova Scotia Personal Injury Claims

by John McKiggan

I have been a personal injury lawyer in Nova Scotia for 23 years. So I have been involved in countless cases where the parties have been able to settle their claims and avoid the risk and expense of trial.

But offers to settle can also have significant legal impact even if a case doesn’t settle before trial. That’s why this article by Matt Maurer was of interest, since it provides a perfect illustration of the strategic use of offers to settle.

Formal Offer to Settle

How Can You Win Your Trial But Still Lose? Cost Awards and Formal Offers to Settle.

by John McKiggan

I recently read an interesting post by my colleague Erik Magraken who writes about injury claims in British Columbia. The article Defence Medico-Legal “Vacuum” Defeats Post Trial Costs Application discussed a claim for costs by ICBC (British Columbia’s provincial auto insurance fund) against a plaintiff who had won at trial but failed to beat a pre-trial settlement offer.

Loser Pays Rule

Canada has what is commonly referred to as a “loser pays” rule. In other words, the party that loses a trial is usually ordered to pay a contribution to the winning party’s legal expenses and out of pocket costs.