How have the Law Society of BC assessed costs in a personal injury action?
British Columbia, Canada
The following excerpt is from Law Society of British Columbia v. Tungohan, 2017 BCCA 423 (CanLII):
Before this court, the appellant submitted that the costs award here is punitive and the Law Society ought to have considered factors set out in Law Society of BC v. Racette, 2006 LSBC 29 and assessed costs much lower. These factors include (a) the seriousness of the offence; (b) the financial circumstances of the lawyer; (c) the total effect of the penalty, including fines; and (d) the extent to which the conduct of each of the parties has resulted in costs accumulating or conversely, being saved. He referred to a number of Law Society decisions applying these principles, and to many more decisions involving lower costs awards.
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