Difference between revisions of "ICBC and Personal Injury Claims (12:XII)"
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*All examinations for discovery in a fast track action must be completed at least 14 days before the scheduled trial date, unless the court orders otherwise or the parties to the examination consent. | *All examinations for discovery in a fast track action must be completed at least 14 days before the scheduled trial date, unless the court orders otherwise or the parties to the examination consent. | ||
*If a party to a fast track action applies for a trial date within 4 moths after the date on which this rules becomes applicable to that action, the registrar must set a date for the trial that is not later than 4 months after the application for a trial date. | *If a party to a fast track action applies for a trial date within 4 moths after the date on which this rules becomes applicable to that action, the registrar must set a date for the trial that is not later than 4 months after the application for a trial date. | ||
*Rule 11-8 is modified in a fast track action: | |||
**Rule 11-8 (3): Except as provided under this rule, a party to a vehicle action may tender, at trial, only the following as expert opinion evidence on the issue of damages arising from personal injury or death: | |||
***(a) expert opinion evidence of up to 3 experts; | |||
***(b) one report from each expert referred to in paragraph (a). | |||
Rule 11-8 (3) (a) is to be read as if the reference to “3 experts” were a reference to “one expert”. | |||
**Rule 11-8 (8): In a vehicle action, only the following amounts may be allowed or awarded to a party as disbursements for expert opinion evidence on the issue of damages arising from personal injury or death: | |||
***(a)the amount incurred by the party for up to 3 expert reports, whether or not the reports were tendered at trial, provided that each report was | |||
****(i)served in accordance with these Supreme Court Civil Rules, and | |||
****(ii)prepared by a different expert; | |||
***(b)the amount incurred by the party for | |||
****(i)a report allowed under subrule (4) or (5), | |||
****(ii)a report referred to in subrule (6) or (7), or | |||
****(iii)a report prepared by an expert appointed by the court under Rule 11-5 (1); | |||
***(c)the amount incurred by the party for an expert to give testimony at trial in relation to a report, referred to in paragraph (a) or (b), that was prepared by the expert. | |||
Rule 11-8 (8) (a) is to be read as follows: the amount incurred by the party for one expert report, whether or not the report was tendered at trial, provided that the report was served in accordance with these Supreme Civil Court Rules. | |||
== H. Damages == | == H. Damages == | ||