BC Injury Law and ICBC Claims Blog

Consolidation of Trials Not Appropriate With Multiple Quantum of Damage Assessments

Although the BC Supreme Court has discretion¬†to consolidate¬†different¬†claims for trial in cases where competing claims are “so interwoven as to make separate trials at different times before¬†different¬†judges¬†undesirable” this is a discretion rarely¬†exercised¬†when there are separate plaintiffs with distinct injury claims that require individual quantification. ¬†This reality was demonstrated in reasons for judgement released this week by the BC Supreme Court, New Westminster Registry.

In this week’s case (MacMillan v. Shannon) 4 occupants of a vehicle were involved in a collision with another¬†vehicle¬† ¬†All sued for damages in separate claims. ¬†Liability and damages were disputed in all claims. ¬†ICBC brought an application seeking to have all trials heard together. ¬†This application was dismissed with the key factor in derailing the¬†application¬†being the individual quantum claims being advanced. ¬†In addressing this point Master Caldwell provided the following reasons:

[8]             Finally, other than on the issue of liability, no one is arguing that there will be a significant or any saving on the presentation of expert evidence. Each of the plaintiffs has a different family doctor. Two of the plaintiffs now live in Quebec so if there is any further expert evidence it is unlikely to overlap and may have to be provided by way of teleconferencing to minimize expense. Again, it is clear that there are ways of reducing complexity, duplication and inconvenience; it will be up to counsel to determine whether that happens or not.

[9]             In short, I am of the view that none of the second arm of tests arising in the Merritt case (supra) or the subsequent case of Bhinder v. 470248 B.C. Ltd., 2007 BCSC 805 is met in the present cases. The application for consolidation and related relief is dismissed as is the application for removal of any or all of the actions from Rule 15-1 fast track.

If you found this article useful please share with others:
  • TwitThis
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Mixx
  • Google
  • StumbleUpon
  • Technorati

Tags: , , , , , ,

Leave a Reply

 

This site is created by MacIsaac & Company, a British Columbia Personal Injury Lawfirm. This website is not affiliated in any way with the Insurance Corporation of British Columbia (ICBC).This web site is made possible through funding provided by the British Columbia law firm MacIsaac and Company. bc-injury-law.com is designed to empower individuals to better understand their ICBC Claim and the process involved in dealing with ICBC. This web site is offered for information only and is not claim-specific legal advice. Use of the site and sending or receiving information through it does not establish a solicitor / client relationship. Links to and from this website do not state or imply a relationship between MacIsaac and Company and the linked entity.

Copyright © 2008 The MacIsaac Group of Law Firms. All rights reserved.
Web Site Design by Sage Internet Solutions Ltd.