Can a defendant in a separate action with the same plaintiff receive costs from 7 days after making a joint payment into court of a similar amount?
British Columbia, Canada
The following excerpt is from Gandham v. Dhillon, 2001 BCSC 1456 (CanLII):
In Scott v. Friedrich (1992), 70 B.C.CL.R. (2d) 890, two defendants in separate actions with the same plaintiff were awarded costs pursuant to Rule 37 from seven days after joint payment into court of a sum which exceeded the damages awarded against both defendants at a trial of the two actions at the same time, notwithstanding technical defects in the documentation relating to the payment into court. The facts and reasoning in that case parallel those in Starling.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
Is a plaintiff entitled to double costs under Rule 37 of the Rules of Civil Procedure if it makes a single offer to settle two separate actions? (British Columbia, Canada)
Does a plaintiff have to pay defendants' costs throughout the course of the litigation if he does not receive his costs until March 2017? (British Columbia, Canada)
In what circumstances will a court award special costs against a party who improperly makes an allegation of fraud against a defendant? (British Columbia, Canada)
Can a defendant in a personal injury action make use of a medical report and clinical report obtained from an earlier and by then settled wrongful dismissal action? (British Columbia, Canada)
What are the costs of two separate actions brought by the same defendant? (British Columbia, Canada)
How has the Court apportioned costs between a plaintiff and defendant? (British Columbia, Canada)
Does Rule 37(31) bar joint defendants from making joint offers to settle? (British Columbia, Canada)
Can a plaintiff and defendant jointly guarantee the company's obligation to the bank under separate instruments? (British Columbia, Canada)
What is the test for adding plaintiffs to a proposed class action where the named and proposed representative plaintiff has no legitimate cause of action? (British Columbia, Canada)
