Lawyer Ordered to Pay Costs Personally

Civility – the Hallmark of the Legal Profession

A trial took place in January 2010 to determine liability for a skateboard accident that took place in New West.  At that trial, Justice Greyell found that the infant skateboarding plaintiff was solely responsible for the accident.

After trial, the Plaintiff made an application that the Defendants should not get all of their costs and disbursements even though they were successful at trial. 

What is most interesting to me about this case is that the Plaintiff made some very bold assertions that the evidence presented by the Defendants was deliberately tailored to be consistent with its accident reconstruction report and to mislead the court.  The Court found the Plaintiff’s argument to be unwarranted and that it showed a “market departure from the principle of civility which is a hallmark of the legal profession.”

Justice Greyell found that the Plaintiff’s lawyers were on a frolic of their own and that their conduct was not attributed to the Plaintiff.  Plaintiff’s counsel were ordered to pay $1,500 in costs.

 Chen v. Beltran 2011 BCSC 41