Limitation on Experts (12:IX): Difference between revisions

From Clicklaw Wikibooks
Jump to navigation Jump to search
(Created page with "{{REVIEWED LSLAP | date= August 12, 2020}} {{LSLAP Manual TOC|expanded = ICBC}} {{LSLAP Manual Navbox|type=chapters8-14}}")
 
No edit summary
 
(13 intermediate revisions by 3 users not shown)
Line 1: Line 1:
{{REVIEWED LSLAP | date= August 12, 2020}}
{{REVIEWED LSLAP | date= August 6, 2024}}
{{LSLAP Manual TOC|expanded = ICBC}}
{{LSLAP Manual TOC|expanded = ICBC}}


{{LSLAP 12 Old System Notice}}
'''This section is only in effect for trials starting after October 1, 2020 and applying only to ongoing claims for accidents occurring before May 1, 2021.'''
Amendments introduced to the ''Evidence Act'', RSBC 1996, c.124 [''EA''] limit the number of experts and expert reports tendered for damages in motor vehicle trials. Counsel wishing to rely on additional reports, must apply to the court for permission. Permission will be granted at the court’s discretion.
Changes:
# For fast-track claims (Rule 15-1 of the Supreme Court Rules), there will be a limit of one expert per party (''EAA'' 12.1 (2)(b));
# For claims that are not conducted under the fast-track rule, that are not considered to be fast-track claims, there will be a maximum of three experts for each party (''EAA'' 12.1 (2)(a));
# Parties involved in the claim can agree to use more experts than the limit if every party to the claim agrees (''EAA'' 12.1 (4)(a)(b));
# ''EAA'' 12.1(5) provides a court with the discretion to allow for additional experts;
# A limit is placed on the maximum amount recoverable from an unsuccessful litigant to $3,000.00 per each expert report in motor vehicle personal injury cases (''EAA'' 12.1 (9)(a)(i)(A)). The total recoverable disbursements in motor vehicle personal injury cases will also be limited to 5% of the judgment or settlement (''EAA'' 12.1 (9)(a)(i)(B)).
Exceptions:
# The $3,000.00 limit to recoverable on expert reports and the 5% limit on disbursements do not apply to fees incurred prior to February 6, 2020, or a notice of trial has been filed and served prior to February 6, 2020 (''EAA'' 12.2 (3)(b)).




{{LSLAP Manual Navbox|type=chapters8-14}}
{{LSLAP Manual Navbox|type=chapters8-14}}

Latest revision as of 17:46, 7 August 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 6, 2024.




NOTE: The following portion of this chapter was written prior to April 30, 2021. Therefore, though it is written in the present tense, please be advised that it applies only to claims for accidents that occurred on or before April 30, 2021.

This section is only in effect for trials starting after October 1, 2020 and applying only to ongoing claims for accidents occurring before May 1, 2021.

Amendments introduced to the Evidence Act, RSBC 1996, c.124 [EA] limit the number of experts and expert reports tendered for damages in motor vehicle trials. Counsel wishing to rely on additional reports, must apply to the court for permission. Permission will be granted at the court’s discretion.

Changes:

  1. For fast-track claims (Rule 15-1 of the Supreme Court Rules), there will be a limit of one expert per party (EAA 12.1 (2)(b));
  2. For claims that are not conducted under the fast-track rule, that are not considered to be fast-track claims, there will be a maximum of three experts for each party (EAA 12.1 (2)(a));
  3. Parties involved in the claim can agree to use more experts than the limit if every party to the claim agrees (EAA 12.1 (4)(a)(b));
  4. EAA 12.1(5) provides a court with the discretion to allow for additional experts;
  5. A limit is placed on the maximum amount recoverable from an unsuccessful litigant to $3,000.00 per each expert report in motor vehicle personal injury cases (EAA 12.1 (9)(a)(i)(A)). The total recoverable disbursements in motor vehicle personal injury cases will also be limited to 5% of the judgment or settlement (EAA 12.1 (9)(a)(i)(B)).

Exceptions:

  1. The $3,000.00 limit to recoverable on expert reports and the 5% limit on disbursements do not apply to fees incurred prior to February 6, 2020, or a notice of trial has been filed and served prior to February 6, 2020 (EAA 12.2 (3)(b)).


© Copyright 2024, The Greater Vancouver Law Students' Legal Advice Society.