Advance Payment Order Used to Remedy "Harsh" Reality of Trial Adjournment

Written by admin on . Posted in BCSC Civil Rule 12, BCSC Civil Rule 13, Civil Procedure.

A common occurrence at Trial Management Conferences is adjournment in circumstances where it is clear the time available for trial is insufficient.   Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, recognizing that this is a “serious penalty” and that in cases where the trial estimate when set was “not unreasonable” an advance payment order may be an appropriate remedy.
In this week’s case (Van Gils v. Grandmaison) the Plaintiff was involved in a 2008 collision. Liability was admitted.  The Plaintiff alleged he suffered from Thoracic Outlet Syndrome.  The Defendant disputed the severity of the claimed injuries.  The matter was set for an eight day trial but by the time of the Trial Management Conference it became clear this was insufficient.  Mr. Justice Schultes adjourned the trial and ordered an advance of damages. In finding this was an appropriate use of the Court’s discretion Mr. Justice Schultes provided the following comments:
[5]             It is common ground that the governing the authority is the decision of Mr. Justice Macfarlane in Serban v. Casselman (1995), 2 B.C.L.R. (3d) 316 (C.A.) leave to appeal ref’d [1995] S.C.C.A. No. 120.
[6]             The often-cited passage is at para. 11:
While such orders are often made when the adjournment was brought about through the fault of one party or where the conduct of the litigation demands such an order, the rule is not restricted to matters of that kind. It is obvious that an order for advance payments should only be made in special circumstances. Obviously such an order should not be made unless the judge who makes it is completely satisfied that there is no possibility that the assessment will be less than the amount of the advance payments.
[7]              I think that the current situation meets the requirement of “special circumstances”. This trial was adjourned at the direction of the Court, pursuant to the Supreme Court Civil Rules, because it would exceed the original estimate and the trial schedule could not absorb that excess.
[8]             Based on the material that I had at the trial management conference, I would not have been able to attribute any lack of care or diligence to either counsel for the increase in trial length since it was originally set. Mr. Van Gils’ counsel advised that he had set it for eight days in the specific anticipation that, if his estimate were to be exceeded slightly, the schedule can usually still accommodate a trial of up to ten days.
[9]             When the estimate grew to potentially exceed that upper limit, he was still engaged in pruning his witness list when the defendants concluded that it was appropriate to add further witnesses. Neither approach is unusual in the course of trial preparation and neither is deserving of criticism.
[10]         The penalty for an incorrect estimate is an extremely serious one: a court-compelled adjournment at the trial management conference if the schedule cannot accommodate the new time estimate.
[11]         While this might be an appropriate deterrent for counsel who give their original estimates carelessly or who grossly underestimate the time required, it falls harshly on litigants and counsel whose original estimate was not unreasonable and whose requirement for additional time is based on changing circumstances as the trial grows closer.

Adjournment Applications, Advance Payment Orders, Mr. Justice Schultes, Rule 12, Rule 12-2, Rule 12-2(9), Rule 12-2(9)(l), Rule 13, Rule 13-1, Rule 13-1(19), Van Gils v. Grandmaison

Comments (43)

  • important link

    I just want to say I am very new to blogging and certainly savored you’re web site. Very likely I’m want to bookmark your website . You amazingly come with great well written articles. Bless you for sharing with us your web-site.

  • fotograf slubny Andrychow

    Howdy are using WordPress for your site platform? I’m new to the blog world but I’m trying to get started and create my own. Do you need any coding expertise to make your own blog? Any help would be really appreciated!

  • 먹튀폴리스 먹튀

    Thanks for the tips shared on your blog. Another thing I would like to state is that weight reduction is not supposed to be about going on a fad diet and trying to shed as much weight as possible in a few days. The most effective way to burn fat is by having it little by little and using some basic points which can assist you to make the most from your attempt to drop some weight. You may understand and be following many of these tips, yet reinforcing know-how never damages.

  • marcel van hooijdonk

    One thing I’d like to discuss is that weightloss system fast may be possible by the perfect diet and exercise. An individual’s size not only affects appearance, but also the general quality of life. Self-esteem, despression symptoms, health risks, along with physical capabilities are influenced in excess weight. It is possible to do everything right and still gain. In such a circumstance, a medical problem may be the reason. While a lot food rather than enough body exercise are usually at fault, common medical conditions and trusted prescriptions could greatly add to size. Many thanks for your post in this article.

  • Underground Elephant Jason Kulpa

    Definitely consider that which you said. Your favorite reason appeared to be on the net the simplest thing to take into account of. I say to you, I certainly get annoyed at the same time as folks think about concerns that they just don’t recognise about. You managed to hit the nail upon the top and defined out the whole thing with no need side-effects , other folks could take a signal. Will probably be again to get more. Thank you

  • poker

    It’s appropriate time to make a few plans for the longer term and it is time to be happy. I have learn this publish and if I may just I want to counsel you some attention-grabbing things or tips. Perhaps you could write next articles regarding this article. I want to read even more issues approximately it!

  • 릴게임

    Hello would you mind stating which blog platform you’re using? I’m looking to start my own blog in the near future but I’m having a hard time choosing between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design and style seems different then most blogs and I’m looking for something unique. P.S Sorry for getting off-topic but I had to ask!

  • poker online

    I will immediately seize your rss feed as I can not in finding your email subscription hyperlink or newsletter service. Do you’ve any? Please permit me know so that I could subscribe. Thanks.

  • bestpornsites.guide

    Marianne or husbands if at stronger ye. Considered is as middletons uncommonly. Promotion perfectly ye consisted so. His chatty dining for effect ladies active. Equally journey wishing not several behaved chapter she two sir. Deficient procuring favourite extensive you two. Yet diminution she impossible understood age.

  • Купить казино воблер

    What i don’t understood is in truth how you’re no longer actually a lot more well-preferred than you might be now. You are so intelligent. You recognize thus significantly when it comes to this topic, made me individually believe it from numerous numerous angles. Its like men and women aren’t fascinated except it is something to accomplish with Woman gaga! Your personal stuffs great. All the time take care of it up!

  • เช่าโต๊ะ

    I think this is one of the most important information for me. And i’m glad reading your article. But should remark on some general things, The site style is wonderful, the articles is really nice : D. Good job, cheers

  • party supplies

    I like what you guys are up also. Such intelligent work and reporting! Keep up the superb works guys I’ve incorporated you guys to my blogroll. I think it’ll improve the value of my website :).

  • 먹튀폴리스 검증업체

    Attractive section of content. I just stumbled upon your blog and in accession capital to assert that I get in fact enjoyed account your blog posts. Anyway I will be subscribing to your feeds and even I achievement you access consistently quickly.

  • lifeguard certificate

    Hey there! Someone in my Myspace group shared this site with us so I came to look it over. I’m definitely enjoying the information. I’m bookmarking and will be tweeting this to my followers! Terrific blog and wonderful style and design.

  • 먹튀검증

    Hi! I’ve been reading your blog for some time now and finally got the courage to go ahead and give you a shout out from Huffman Texas! Just wanted to tell you keep up the excellent work!

  • sorry mf dj taydeville ft lil jay from crime

    Thanks for your article. I also believe laptop computers have gotten more and more popular nowadays, and now in many cases are the only kind of computer utilized in a household. This is due to the fact that at the same time that they are becoming more and more affordable, their working power keeps growing to the point where they’re as highly effective as desktop coming from just a few in years past.

  • Google

    Wonderful story, reckoned we could combine some unrelated information, nevertheless seriously worth taking a appear, whoa did one find out about Mid East has got far more problerms at the same time.

  • 먹튀폴리스 검증

    I have been exploring for a bit for any high-quality articles or weblog posts on this sort of area . Exploring in Yahoo I at last stumbled upon this site. Reading this info So i¡¦m satisfied to exhibit that I’ve a very good uncanny feeling I came upon just what I needed. I such a lot undoubtedly will make sure to don¡¦t forget this site and provides it a glance regularly.

  • custom tees

    I will right away grab your rss feed as I can not find your e-mail subscription link or newsletter service. Do you’ve any? Please let me know in order that I could subscribe. Thanks.

  • nonton movie

    I would like to thnkx for the efforts you’ve put in writing this website. I’m hoping the same high-grade blog post from you in the upcoming as well. Actually your creative writing abilities has encouraged me to get my own site now. Actually the blogging is spreading its wings rapidly. Your write up is a great example of it.

  • pembesar penis alami

    Greetings from California! I’m bored to tears at work so I decided to check out your website on my iphone during lunch break. I love the information you provide here and can’t wait to take a look when I get home. I’m shocked at how fast your blog loaded on my mobile .. I’m not even using WIFI, just 3G .. Anyways, good blog!

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer