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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 23:23, 19 June 2016
, 23:23, 19 June 2016→b) Fast Track Litigation - Rule 15-1
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'''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. | ||
If this rule applies to an action, | If this rule applies to an action, | ||
#any party may file a notice of fast track action in Form 61; | |||
#the filing party must serve all other parties on record with a copy; '''and''' | |||
#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; '''or''' | |||
***ii. The fast track litigation application is urgent; | |||
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); e.If an application is made to add, remove, or substitute a party; orf.The parties consent. 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 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. H.Damages Claimants often have unrealistic expectations about the amount of damages they are likely to receive. Claimants should be cautious about listening to stories of awards told by relatives and friends as these stories may be exaggerated and/or may be missing crucial pieces of information. 1.How Damages are A ssessed The court will determine what damages a claimant is entitled to on the basis of precedent. It is therefore possible to project what the court will award by looking for similar cases. The judgments will outline the nature of the injuries sustained by the claimant and court’ s assessment of damages. 2.Heads of Damage To understand an award, it is necessary to consider all the heads of damage. For example, a claimant who is a brain surgeon at the height of his or her career and who has a finger amputated might have a loss of prospective earnings claim in the millions and a relatively small claim for non-pecuniary losses. In contrast, a claimant who is retired and has a leg amputated may have a relatively low loss of prospective earnings claim but a relatively high claim for non-pecuniary damages. The major heads of damage are as follows: a)Non-pecuniary Damages | |||
12-28 | 12-28 | ||