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Difference between revisions of "ICBC and Personal Injury Claims (12:XII)"
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ICBC and Personal Injury Claims (12:XII) (view source)
Revision as of 23:20, 19 June 2016
, 23:20, 19 June 2016→2. Supreme Court of British Columbia
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Most cases are not settled until after the Discovery, since it is at this stage that defence counsel is able to assess the credibility and seriousness of the claim and make a determination respecting the sort of damages to which the claimant may be entitled. | Most cases are not settled until after the Discovery, since it is at this stage that defence counsel is able to assess the credibility and seriousness of the claim and make a determination respecting the sort of damages to which the claimant may be entitled. | ||
==== b) Fast Track Litigation - Rule 15-1 ==== | |||
This rule was introduced to provide an efficient and less expensive means of dealing with cases where the trial will last 3 days or less. | |||
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: | |||
#*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, 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. | |||
#The trial of the action can be completed within 3 days | |||
#The parties to the action consent, '''or''' | |||
#The court, on its own motion or on the application of any party, so orders. | |||
'''NOTE:''' The court is not prevented from awarding damages in excess of $100,000. | |||
If this rule applies to an action, 1.any party may file a notice of fast track action in Form 61; 2.the filing party must serve all other parties on record with a copy; and3.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. 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: 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 i.It is impracticable or unfair to require the party to comply; orii.The fast track litigation application is urgent; | |||
12-28 | 12-28 | ||