A BC Supreme Court judge has ordered 7-Eleven to pay double the court fees to a Smithers woman who successfully sued the convenience store company for nearly $1 million after offering to settle for $125,000.
In an oral decision issued April 25, Madam Justice Emily Burke noted Chrystal Tommy presented three offers to settle out of court, the first being $125,000 plus health care costs.
7-Eleven denied liability for Tommy's injuries and, following a series of counter-offers by both parties, decided to go to court.
Burke concluded the offers Tommy made were reasonable and ought to have been accepted. She also pointed out all the offers were for amounts much less than the $907,000 awarded at trial.
"I agree the reality in this case was a plaintiff with limited means suffering financially while awaiting the litigation process," she said.
Burke cited a prior ruling that aims to avoid wasting the court's valuable time and resources by not settling when there is a reasonable option to do so. This precedent can apply to either plaintiffs or defendants
Tommy suffered an ankle fracture and associated injuries when she tripped on a pothole in the 7-Eleven parking lot in Smithers on May 2, 2018. The injury led to loss of income, complications and emotional trauma.
In September 2024, Burke awarded damages of $907,363 for past and future loss of wages, housekeeping, non-pecuniary damages, special damages and future cost of care.
