Difference between revisions of "ICBC and Personal Injury Claims (12:XII)"

1. The only claims in the action are for money, real property, builder's lien, and/or personal property '''and''' the total of the following amounts  is $100,000 or less, exclusive of interest and costs:  

:(a) the amount of any money claimed in the action by the plaintiff for pecuniary loss;  

:(b) the amount of any money to be claimed in the action by the plaintiff for non-pecuniary loss; and

:(c) the fair market value, at the date the action is commenced, of all real property, all interests in real property, all personal  property and all interests in personal property claimed in the action by the plaintiff. </br>

2. The trial of the action can be completed within 3 days </br>  

3. The parties to the action consent, '''or''' </br>

4. The court, on its own motion or on the application of any party, so orders.

1. any party may file a notice of fast track action in Form 61; </br>

2. the filing party must serve all other parties on record with a copy; '''and''' </br>

3. the words “Subject to Rule 15-1” must be added to the style of proceeding, immediately below the listed parties, for all documents filed after the notice of fast track action is filed or if the court so orders. </br>

4. This rule ceases to apply if the court, on its own motion or on application of any party, so orders. </br>

5. Parties to a fast track action can serve on another party a notice of application or an affidavit in support of an application ONLY after a  case planning conference or a trial management conference has been conducted in relation to the action. This rule does not apply if: </br>

:(a) The court orders the fast track action to cease; </br>

:(b) If an application is made by a party, judge, or master to relieve a party from this requirement if </br>         

::(i) It is impracticable or unfair to require the party to comply; '''or''' </br>

::(ii) The fast track litigation application is urgent; </br>

:(c) If the action is scandalous, frivolous, or vexatious (as per Rule 9-5); </br>

:(d) If the action will proceed by summary judgment or summary trial (Rule 9-6 and 9-7); </br>

:(e) If an application is made to add, remove, or substitute a party; or </br>

:(f) The parties consent. </br>

6. Fast track action must be heard by the court without a jury. </br>

7. Examinations for discovery of a party of record by all parties of record who are adverse in interest must not, in total, exceed 2 hours or any greater period to which the person to be examined consents, unless otherwise ordered by a court </br>

8. 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. </br>

9. 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. </br>

10. Rule 11-8 is modified in a fast track action: </br>

:(a) 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: </br>

::(i) expert opinion evidence of up to 3 experts; </br>

::(ii) one report from each expert referred to in paragraph (a). </br>

:(b) Rule 11-8 (3) (a) is to be read as if the reference to “3 experts” were a reference to “one expert”. </br>

11. 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: </br>

:(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 </br>

::(i) served in accordance with these Supreme Court Civil Rules, and </br>

::(ii) prepared by a different expert; </br>

:(b) the amount incurred by the party for </br>

::(i) a report allowed under subrule (4) or (5), </br>

::(ii) a report referred to in subrule (6) or (7), or </br>

::(iii) a report prepared by an expert appointed by the court under Rule 11-5 (1); </br>

:(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. </br>

12. 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.