Plaintiff
Defendant
Other
Background:
The dispute arose from a flood at Desmond Maurice Fuller’s property caused by a ruptured pipe. Travelers, Fuller's insurer, paid for repairs and issued a co-payable cheque to Epic and Fuller. Epic performed restoration work between January and June 2017 and issued an invoice for $39,693.80. Fuller deposited the cheque but refused to pay Epic the remaining balance, leading to legal action in June 2018. After Fuller’s death in January 2019, the case continued through his estate.
Legal Issues:
The primary issues were whether Epic could claim standard tariff costs beyond the “Fast Track” limits due to case complexity, and whether Epic was entitled to double costs after a settlement offer was rejected. The Estate’s counterclaims included poor workmanship, while it also alleged a breach of duty by Travelers.
Judgment and Awards:
The court awarded Epic $37,703.13, plus interest at 24% per annum from June 6, 2017. Epic’s claim for double costs was granted for steps taken after November 26, 2020. Travelers was ordered to pay the Estate $1,205.25 for rental loss. Costs were assessed on Scale B, exceeding the $11,000 Fast Track cap due to the case’s complexity.
Court
Supreme Court of British ColumbiaCase Number
S186318Practice Area
Civil litigationAmount
$ 37,703Winner
PlaintiffTrial Start Date
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