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ARTICLE · 16 DECEMBER 2015

Sexual Abuse Cases: Who Pays The Legal Bills?

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A sexual abuse plaintiff's legal costs associated with advancing his or her claim can be very significant, especially if the case goes all the way to trial.

CanadaLitigation, Mediation & Arbitration
Elizabeth Grace
Elizabeth Grace
David Litwin
David Litwin
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A sexual abuse plaintiff's legal costs associated with advancing his or her claim can be very significant, especially if the case goes all the way to trial. A recent decision of the Supreme Court of British Columbia ("B.C."), Nixon v. Pickton, 2015 BCSC 170, highlights the factors that a trial judge may consider in awarding, or refusing to award, costs to a successful plaintiff who has rejected an offer to settle from the defendant, but fails to "beat" that offer at trial. This decision has attracted some media attention (see "Pickton not responsible for victim's full legal costs" on Findlaw.ca , and "B.C. judge says David Pickton sex-assault victim should have settled" in an article published in The Globe and Mail).

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