IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Day v. Viney and Visser, 2003 BCSC 454 Date: 20030326 Docket: 99/5047 Registry: Victoria Between: Robert Allan Day Plaintiff And Kelly Dawn Viney and Rita Visser Defendants Before: The Honourable Mr. Justice Harvey Supplementary Reasons for Judgment Counsel for the Plaintiff: S. Hamilton Counsel for the Defendants: J. Hansen Date and Place of Hearing: April 25, 2002 Written Submissions: March 19-20, 2003 Victoria, B.C. [ 1 ] On May 7, 2002 I granted

summary judgment under Rule 18A for the plaintiff against the defendants for damages suffered in a motor vehicle accident in the amounts of $7,500 non-pecuniary damages and $364.50 special damages. [ 2 ] The question of costs was not addressed at that time. [ 3 ] Counsel recently delivered submissions in writing related to the issue of costs. [ 4 ] These reasons are related to that issue. [ 5 ] The plaintiff submits that on November 3, 1999 plaintiff's counsel had sufficient reason to commence these proceedings in the Supreme Court. [ 6 ] It appears, and I am prepared to find for the purpose of this application, that the fact that the defendants elected for trial by jury in this court, indicates the seriousness with which they approached this action.

I comment in passing if they did not approach this action with this seriousness, then they could have applied to transfer the proceedings to the Provincial Court of British Columbia. [ 7 ] For these reasons, the plaintiff has entitlement to costs, which in the circumstances should be at Scale 2. [ 8 ] The parties are in agreement that the appropriate amount for special damages is $193.50. [ 9 ] The defendants seek an order, which is consented to, that the defendant Viney's affidavit in the action be sealed. “R.B. Harvey, J.” The Honourable Mr. Justice R.B. Harvey