Fast Track Costs Apply Despite 4 Day Trial
As previously discussed, Rule 15 is applicable to BC Supreme Court injury trials with a quantum of less than $100,000 or to trials that can be completed in three days or less. This week reasons for...
View ArticleFull Rule 15 Costs Apply Where"Significant Preparation For Trial" Undertaken...
Reasons for judgement were released last week by the BC Supreme Court, Nanaimo Registry addressing two important topics; the assessment of costs for fast track actions when they settle before trial...
View ArticleTrial Length in and of Itself Sufficient to Keep Matter in Rule 15
In 2011 the BC Supreme Court confirmed that the factors listed in the overhauled fast track rule (case value and trial length) were exclusive of each other and if either was satisfied that was...
View ArticleCosts for Fast Track Trials Exceeding 3 Days Discussed
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, addressing assesable costs when a fast track trial exceeds 3 days. In today’s case (Peacock v. Paul) the...
View ArticleFull Rule 15 Cap Amount is Appropriate For Settlement 3 Months Before Trial
Reasons for judgment were published today by the BC Supreme Court, New Westminster Registry,(Berekoff v. McMath) finding that full Rule 15 costs were appropriate where a matter settled 3 months before...
View ArticleFast Track Removal Application Dismissed For Being Brought Too Late
When a claim is prosecuted under the fast track (Rule 15) the Court has discretion to remove the case in appropriate circumstances. Reasons for judgement were recently published by the BC Supreme...
View ArticlePursuing "Unproductive Trains of Inquiry" Fatal in Request for Further...
Reasons for judgement were released today by the BC Supreme Court, Victoria Registry, addressing the Court’s discretion to allow a party to conduct an examination for discovery beyond the 2 hour cap...
View ArticleTwo Sets of Costs Approrpriate When Two Actions Are Combined for Trial
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, addressing what costs are payable when two actions, set for trial at the same time, settle prior to trial. In...
View ArticleSlow Moving Prosecution Plays Role in Fast Track Removal Application
Reasons for judgement were released today finding that a slow moving prosecution, in part, was a factor in removing a claim from Rule 15. In today’s case (Bagri v. Bagri) the Plaintiff alleged injury...
View ArticleFull Fast Track Costs Awarded in "Simple" Case Settled 7 Months Pre-Trial
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, awarding a plaintiff full fast track costs despite settlement 7 months pre-trial. In today’s case (Yuan v. Fan)...
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