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, and throughout this time I’ve helped my clients with high-quality legal advice and the guarantees of favorable settlement agreements. Settlement negotiations have always been an important aspect within the civil procedures of my countless cases, and it’s been a general rule of the common law to at the very least attempt to get all involved parties to settle their claims and avoid the costly consequences of going to trial.

But settlement offers can also have a significant legal impact even if a case doesn’t settle before trial. That’s why this article by Matt Maurer was of interest to us because it provides a perfect illustration of the strategic use of settlement discussions and the art of the counter-offer.

If you have any questions or concerns in terms of the offer within your personal injury claim, contact us for a free consultation so we can review the details of your claim and put you in the right direction towards your most favorable settlement offer.
Formal Offer to Settle
During any litigation, there are usually informal “without prejudice” settlement discussions designed to try to resolve the civil procedure, which takes place during the litigation process.

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.