Can a defendant in a personal injury action obtain costs for failing to serve a notice to assess?
British Columbia, Canada
The following excerpt is from Whalley v. Splashdown Waterparks Inc., 2005 BCSC 923 (CanLII):
The issue of costs stems from queries that I made at the assessment stage when I enquired as to whether the defendant had been served with the notice to assess. I was told that it had not and that pursuant to the ratio in Koffski et al v. Ashworth, 2001 BCSC 1469, it was not entitled to such notice and was not even entitled to appear at a hearing to assess damages.
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