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

From Clicklaw Wikibooks
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*This rule ceases to apply if the court, on its own motion or on application of any party, so orders.  
*This rule ceases to apply if the court, on its own motion or on application of any party, so orders.  
*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:  
*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:  
**a. The court orders the fast track action to cease;  
<blockquote> <blockquote> a. The court orders the fast track action to cease;  
**b. If an application is made by a party, judge, or master to relieve a party from this requirement if             
b. If an application is made by a party, judge, or master to relieve a party from this requirement if             
***i. It is impracticable or unfair to require the party to comply; '''or'''
<blockquote> i. It is impracticable or unfair to require the party to comply; '''or'''
***ii. The fast track litigation application is urgent;
ii. The fast track litigation application is urgent; </blockquote>
**c. If the action is scandalous, frivolous, or vexatious (as per Rule 9-5);  
c. If the action is scandalous, frivolous, or vexatious (as per Rule 9-5);  
**d. If the action will proceed by summary judgment or summary trial (Rule 9-6 and 9-7);  
d. If the action will proceed by summary judgment or summary trial (Rule 9-6 and 9-7);  
**e. If an application is made to add, remove, or substitute a party; or
e. If an application is made to add, remove, or substitute a party; or
**f. The parties consent.  
f. The parties consent. </blockquote>
*Fast track action must be heard by the court without a jury.  
*Fast track action must be heard by the court without a jury.  
*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  
*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  
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****(iii)a report prepared by an expert appointed by the court under Rule 11-5 (1);
****(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.
***(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.
<blockquote> 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. </blockquote>


== H. Damages ==
== H. Damages ==
5,109

edits