Pereira v Klonarakis
Robert Rae
Law Firm / Organization
Preszler Law BC
Lawyer(s)

F. Balandari

Samir Hanna Gadalla
Law Firm / Organization
Not Specified
Lawyer(s)

A. Johnson

Rofah Boulis Abdel-Malik
Law Firm / Organization
Not Specified
Lawyer(s)

A. Johnson

In the case of Pereira v Klonarakis, dated October 13, 2023, a judgment was issued in the case of Rae v. Gadalla, 2023 BCSC 1398, which had followed a five-day trial involving a dog bite injury. The plaintiff, Mr. Rae, had been awarded $5,000 in non-pecuniary damages, with no initial order for costs. Both parties had been given 30 days to submit written arguments regarding costs. Mr. Rae had argued for double costs based on an offer to settle made on July 4, 2023, six days before the trial. His offer had included a payment of $2,500, an unspecified amount under the Health Care Costs Recovery Act, and costs and disbursements up to that point, plus double costs if the offer had been accepted. The defendants had rejected this offer. The defendants, Samir Hanna Gadalla and Rofah Boulis Abdel-Malik had argued against an award of costs, stating that Mr. Rae had had insufficient reason to bring the action in the Supreme Court, especially since the damages awarded had been well below the small claims limit. The judge, found that it had been apparent that the damages would not exceed the small claims limit when the action had commenced in May 2019. Mr. Rae's argument that he had needed the court for discovery had not been convincing. In conclusion, the judge had decided that neither party should have been awarded costs, except for Mr. Rae's reasonable disbursements. B
Supreme Court of British Columbia
S21140
Personal injury law
Defendant