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

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Fast track litigation may apply to an action if:  
Fast track litigation may apply to an action if:  
#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:  
<blockquote> 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;  
<blockquote> 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
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, as 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.  
c) the fair market value, as 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. </blockquote>
#The trial of the action can be completed within 3 days  
2. The trial of the action can be completed within 3 days  
#The parties to the action consent, '''or'''
3. The parties to the action consent, '''or'''
#The court, on its own motion or on the application of any party, so orders.  
4. The court, on its own motion or on the application of any party, so orders. </blockquote>


'''NOTE''': The court is not prevented from awarding damages in excess of $100,000.  
'''NOTE''': The court is not prevented from awarding damages in excess of $100,000.  
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