Japp v. Japp, 2013 BCSC 1935

Editor’s Note : Addendum released on October 28, 2013. Original judgment has been corrected with text of addendum appended. IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Japp v. Japp, 2013 BCSC 1935 Date: 20131024 Docket: 06-2039 Registry: Victoria Between: Mary Helen Kathleen Japp Claimant And: Kevin John Japp Respondent Notice: Also see Addendum to Reasons for Decision dated October 28, 2013, 2013 BCSC 1954 . Before: Master Bouck (Sitting as Registrar) Reasons for Decision Counsel for the Claimant: R. Batchelor The Respondent appearing in person: Kevin John Japp Place and Date of Hearing: Victoria, B.C.

September 24, 2013 Place and Date of Decision: Victoria, B.C. October 24, 2013 [ 1 ] On September 24 th , 2013, the parties attended before me for an assessment of the claimant’s costs. Those costs were awarded to the claimant in a final order made December 11, 2011. [ 2 ] The respondent objected to the claimant’s costs in general but articulated specific objections to various tariff items and disbursements. The fee portion of the bills of costs was allowed at $40,320 inclusive of taxes. Ms.

Japp abandoned her claim with respect to some of the disbursements; a few other charges were either reduced by agreement or disallowed. The parties were directed to perform the necessary arithmetic to determine the disbursements and taxes allowed, with liberty to apply in the event of any disagreement. By my calculations, the claimant’s total costs have been assessed at $43,239.27. [ 3 ] At the conclusion of the assessment, the claimant advised that an offer to settle these costs had been provided to the respondent. Given time constraints, neither the form nor the amount of the offer was addressed.

The parties were directed to provide written submissions on the effect of that offer by October 4, 2013. The respondent provided his submissions on October 3, 2013. In those submissions, the respondent refers to an offer made of $30,000, but also states that the claimant had withdrawn the offer. The claimant has not provided any written submissions. [ 4 ] The consequence of an offer to settle made in the assessment process is governed by s. 8 of Appendix B to the Supreme Court Civil Rules . In the absence of any submissions from the claimant, I am unable to determine whether the offer complied with Form 123.

I am also unable to determine whether the claimant might be entitled to the additional fees as a result of her offer to settle. [ 5 ] Accordingly, the claimant’s costs will be allowed at $43,239.27. If necessary, a certificate of costs may be provided for my endorsement. “C.P. Bouck” Master C. P. Bouck

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Japp v. Japp, 2013 BCSC 1954 Date: 20131028 Docket: 06-2039 Registry: Victoria Between: Mary Helen Kathleen Japp Claimant And: Kevin John Japp Respondent Addendum to Reasons for Decision of the Supreme Court of British Columbia dated October 24, 2013 (Japp v. Japp, 2013 BCSC 1935, Victoria 06-2039) Before: Master Bouck (Sitting as Registrar) Addendum to Reasons for Decision Counsel for the Claimant: R. Batchelor The Respondent appearing in person: Kevin John Japp Place and Date of Hearing: Victoria, B.C.

September 24, 2013 Place and Date of Decision (2013 BCSC 1935): Place and Date of Addendum: Victoria, B.C. October 24, 2013 Victoria, B.C. October 28, 2013 [ 6 ] This is an addendum to my Reasons for Decision dated October 24, 2013 (2013 BCSC 1935). [ 7 ] Subsequent to issuing those Reasons, I received the claimant’s written submissions regarding the effect of her offer to settle costs. The submissions were filed late but appear to have been delayed in their delivery as a result of so-called technical difficulties. Regardless, the submissions do not change the result found in the above decision.

The claimant did not provide an offer to settle in accordance with s. 8 of Appendix B. As well, the submissions address costs consequences outside the jurisdiction of the registrar. “C. P. Bouck” Master C. P. Bouck