Limitation on Experts (12:IX): Difference between revisions
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{{LSLAP 12 Old System Notice}} | {{LSLAP 12 Old System Notice}} | ||
''' | '''This section is only in effect for trials starting after October 1, 2020 and applying only to ongoing claims for accidents occurring before May 1, 2021.''' | ||
Amendments | Amendments introduced to the ''Evidence Act'', RSBC 1996, c.124 [''EA''] limit the number of experts and expert reports tendered for damages in motor vehicle trials. Counsel wishing to rely on additional reports, must apply to the court for permission. Permission will be granted at the court’s discretion. | ||
Changes: | Changes: | ||
# For fast-track claims (Rule 15-1 of the Supreme Court Rules), there will be a limit of one expert per party, ''EAA'' 12.1 (2)(b). | |||
# For fast-track claims ( | # For claims that are not conducted under the fast-track rule, that are not considered to be fast-track claims, there will be a maximum of three experts for each party, ''EAA'' 12.1 (2)(a). | ||
# For claims that are not considered to be fast track claims, there will be a maximum of three experts | |||
# Parties involved in the claim can agree to use more experts than the limit if every party to the claim agrees, ''EAA'' 12.1 (4)(a)(b). | # Parties involved in the claim can agree to use more experts than the limit if every party to the claim agrees, ''EAA'' 12.1 (4)(a)(b). | ||
# ''EAA'' 12.1(5) provides | # ''EAA'' 12.1(5) provides a court with the discretion to allow for additional experts. | ||
# A limit is placed on the maximum amount recoverable from an unsuccessful litigant to $3,000.00 per each expert report in motor vehicle personal injury cases, ''EAA'' 12.1 (9)(a)(i)(A). The total recoverable disbursements in motor vehicle personal injury cases will also be limited to 5% of the judgment or settlement, ''EAA'' 12.1 (9)(a)(i)(B). | # A limit is placed on the maximum amount recoverable from an unsuccessful litigant to $3,000.00 per each expert report in motor vehicle personal injury cases, ''EAA'' 12.1 (9)(a)(i)(A). The total recoverable disbursements in motor vehicle personal injury cases will also be limited to 5% of the judgment or settlement, ''EAA'' 12.1 (9)(a)(i)(B). | ||
Exceptions: | Exceptions: | ||
# The $3,000.00 limit to recoverable on expert reports and the 5% limit on disbursements do not apply to fees incurred prior to February 6, 2020, or a notice of trial has been filed and served prior to February 6, 2020 (''EAA'' 12.2 (3)(b)). | |||
# The $3,000.00 limit to recoverable on expert reports and the 5% limit on disbursements | |||
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