Emond v. British Columbia (Attorney General)
Jean-Claude Emond
Law Firm / Organization
Unrepresented
His Majesty the King in Right of Canada as represented by the Ministry of Attorney General and Ministry of Public Safety and Solicitor General of Canada, Constable K. Meglic, Constable B. Williams, Constable R. Heppe
Law Firm / Organization
Justice Canada

Background: Jean-Claude Emond, the plaintiff, sued His Majesty the King in Right of the Province of British Columbia, represented by the Ministry of the Attorney General and Ministry of Public Safety and Solicitor General, along with several police constables.

Legal Issues/Arguments: The core issue revolved around the assessment of costs following a trial where Emond was initially awarded costs amounting to $65,636.73. However, due to a finding of contributory negligence, this amount was reduced by 25% to $49,227.55. The defendants had earlier offered to settle these costs for $48,000, but Emond did not respond to this offer within the stipulated timeframe. The court had to determine whether this offer should have been accepted despite it being slightly lower than the assessed amount.

Held: The court ruled that the defendants' offer of $48,000 should have been accepted by the plaintiff. The final costs awarded to the plaintiff were adjusted to $45,649.39 after further deductions for specific tariff items and disbursements. 

Final Costs Awarded to Plaintiff: $45,649.39

Supreme Court of British Columbia
S055295
Civil litigation
$ 45,649
Plaintiff