Costs Ordered Following "Unnecessary" Defence Case Planning Conference

Written by admin on . Posted in BCSC Civil Rule 11, BCSC Civil Rule 5, Civil Procedure.

Reasons for judgement were released today by the BC Supreme Court, Victoria Registry, addressing when Case Planning Conferences are unnecessary and finding that a costs order is appropriate in the face of such a CPC.
In today’s case (Stewart v. Robinson) the Plaintiff was involved in a collision and sued for damages.  The Defendant set down a CPC seeking an order requiring the Plaintiff to reveal the “the areas of expertise” of the experts the Plaintiff would rely on at trial.  The Defendant also sought a few collateral orders such updated lists of documents and timelines for discoveries.  The Court held that the first order was one the Court had no jurisdiction to make and that the further orders were unnecessary given that the Plaintiff was fulfilling their disclosure duties under the Rules of Court.
Master Bouck dismissed the Defendant’s application and in doing so found it was an uncessary hearing and ordered that costs be paid.  In reaching this result the Court provided the following reasons:
[25]         Rule 5-3 (3) requires the court to make a case plan order following a CPC. In my view, that requirement presumes that the CPC served some purpose…
[28]         The plaintiff submits that the sole purpose of the case planning conference was an attempt by the defence to ferret out information about the plaintiff’s experts even though such a purpose is contrary to well-established law. The plaintiff also cites Galvon v. Hopkins, 2011 BCSC 1835, and Amezcua v. Norlander, 2012 BCSC 719 (Master)…
[34]         Read together, the above authorities stand for these propositions:
1.  rules of civil procedure do not trump substantive law, including the principle of litigation privilege;
2.  a party is not required to reveal, in a case plan proposal or order or otherwise, the name of any expert or the area of expertise of any intended expert before the 84-day deadline for the service of expert reports; but
3.  the court may order that the service requirements under Rule 11-6 (3) be abridged such that expert reports are to be served earlier than the 84 days before trial. Such an order will only be made in exceptional cases where a compelling reason for early disclosure is demonstrated.
[35]         While a party may volunteer details of their expert evidence in advance of the 84-day deadline, a CPC is not required for that purpose. The information can simply be provided in correspondence without the necessity of judicial involvement. As the court determined in Dhugha, the omission of the name of an expert or his or her area of expertise from a case plan order does not preclude the admission of that expert evidence at trial.
[36]         Thus, the order sought in the defendant’s case plan proposal with respect to experts could not be made by the court. The order proposed by the defence at the CPC with respect to experts is not necessary.
[37]         That leads to the next question: was a CPC necessary for any other purpose? In my view, it was not.
[38]         An order requiring the parties to exchange further amended lists of documents by certain dates is not necessary. Both counsel acknowledge the duty to provide ongoing document disclosure as required by theSCCR. The suggested deadlines micromanages a case that does not require such management.
[39]         An order requiring delivery of a certain therapist’s records by a specified date is also not required. The plaintiff has volunteered to provide those records.
[40]         An order identifying the timing and length of examinations for discovery is also unnecessary. The parties have agreed to examination dates. The length of these examinations was not seriously in dispute at this conference and did not require judicial management.
[41]         In short, I find that no case plan order ought to or need be made at this time…
[46]         Having already concluded that the CPC was unnecessary, I award the plaintiff costs related to counsel’s preparation and attendance and the conference. Those costs are fixed at $750 all inclusive, not payable forthwith.
 

bc injury law, litigation privilege, Master Bouck, Rule 11, Rule 11-1, Rule 11-1(2), Rule 5, Rule 5-1, Rule 5-1(6), Rule 5-3, Rule 5-3(1). Rule 5-3(1)(k), Rule 5-3(3), Stewart v. Robinson

Comments (45)

  • go to this web-site

    I simply want to tell you that I am just beginner to blogging and actually liked you’re web blog. Likely I’m going to bookmark your site . You really have wonderful stories. Thank you for sharing with us your website page.

  • W88Thai

    Excellent post however , I was wondering if you could write a litte more on this subject? I’d be very grateful if you could elaborate a little bit more. Many thanks!

  • fotograf slubny Kety

    What’s Happening i’m new to this, I stumbled upon this I’ve found It absolutely helpful and it has helped me out loads. I hope to contribute & help other users like its aided me. Great job.

  • crystalclutch.com

    What i do not understood is in fact how you are no longer actually much more neatly-appreciated than you might be now. You’re so intelligent. You recognize thus significantly on the subject of this matter, made me in my view consider it from so many various angles. Its like women and men are not interested unless it’s something to accomplish with Woman gaga! Your own stuffs excellent. All the time deal with it up!

  • marcel van hooijdonk

    Hey! I’m at work browsing your blog from my new iphone 3gs! Just wanted to say I love reading through your blog and look forward to all your posts! Keep up the outstanding work!

  • Kammerjäger

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

  • the beast tv

    I have read several good stuff here. Definitely worth bookmarking for revisiting. I surprise how much effort you put to make such a wonderful informative web site.

  • Underground Elephant

    My brother suggested I would possibly like this web site. He used to be entirely right. This post actually made my day. You can not consider simply how a lot time I had spent for this information! Thank you!

  • online poker

    This web site is really a walk-by way of for the entire data you needed about this and didn’t know who to ask. Glimpse right here, and also you’ll definitely discover it.

  • location brabus

    I loved as much as you will receive carried out right here. The sketch is attractive, your authored material stylish. nonetheless, you command get got an edginess over that you wish be delivering the following. unwell unquestionably come more formerly again since exactly the same nearly a lot often inside case you shield this hike.

  • situs poker online

    Hello! I’m at work surfing around your blog from my new apple iphone! Just wanted to say I love reading your blog and look forward to all your posts! Carry on the excellent work!

  • poker online

    Hi there, I found your blog via Google while looking for a related topic, your website came up, it looks good. I’ve bookmarked it in my google bookmarks.

  • poker online

    hey there and thank you on your info – I have definitely picked up anything new from right here. I did alternatively experience several technical points the use of this web site, as I experienced to reload the website lots of instances previous to I may just get it to load correctly. I were brooding about in case your hosting is OK? Not that I’m complaining, however slow loading circumstances occasions will often impact your placement in google and could injury your quality score if advertising and ***********|advertising|advertising|advertising and *********** with Adwords. Well I’m adding this RSS to my email and can glance out for much extra of your respective intriguing content. Make sure you update this once more soon..

  • situs poker online

    I think other web site proprietors should take this website as an model, very clean and wonderful user friendly style and design, let alone the content. You’re an expert in this topic!

  • 토토사이트

    Aw, this was a very nice post. In thought I want to put in writing like this moreover – taking time and precise effort to make an excellent article… but what can I say… I procrastinate alot and by no means seem to get something done.

  • 우리 카지노

    I’m just writing to make you know of the incredible discovery my cousin’s daughter enjoyed studying your web page. She learned several issues, which include how it is like to possess a marvelous giving heart to make other folks with no trouble master certain tricky topics. You undoubtedly exceeded our expectations. Thank you for rendering those priceless, safe, explanatory not to mention cool tips about that topic to Julie.

  • lifeguard classes near me

    hey there and thanks on your info – I’ve certainly picked up anything new from proper here. I did alternatively expertise several technical points the use of this web site, since I experienced to reload the web site many instances prior to I may just get it to load correctly. I have been wondering in case your hosting is OK? No longer that I’m complaining, however slow loading circumstances times will sometimes affect your placement in google and can harm your high quality ranking if advertising and ***********|advertising|advertising|advertising and *********** with Adwords. Well I am including this RSS to my email and can look out for much more of your respective exciting content. Make sure you replace this again very soon..

  • เช่ารถตู้ Vip

    Thanks for sharing superb informations. Your website is very cool. I am impressed by the details that you have on this website. It reveals how nicely you understand this subject. Bookmarked this website page, will come back for more articles. You, my friend, ROCK! I found just the info I already searched everywhere and simply could not come across. What a great website.

  • 야마토

    I precisely wanted to appreciate you again. I’m not certain the things I could possibly have tried in the absence of these creative concepts shown by you about such a question. Previously it was a distressing difficulty in my circumstances, however , taking note of your skilled manner you resolved that took me to leap with happiness. I am just thankful for your advice and even have high hopes you realize what a great job you were undertaking training the rest via your webblog. Probably you have never encountered any of us.

  • 우리카지노 사이트

    Pretty nice post. I simply stumbled upon your blog and wished to say that I have really loved browsing your weblog posts. In any case I will be subscribing to your feed and I hope you write once more very soon!

  • 토토 사이트

    Heya i am for the first time here. I came across this board and I find It really useful & it helped me out a lot. I hope to give something back and aid others like you helped me.

  • lifeguard certification

    naturally like your web site but you need to check the spelling on several of your posts. A number of them are rife with spelling issues and I find it very troublesome to tell the truth nevertheless I’ll surely come back again.

  • 먹튀검증

    I’m now not sure the place you’re getting your information, however great topic. I must spend a while learning much more or figuring out more. Thank you for fantastic information I was on the lookout for this information for my mission.

  • custom tees

    whoah this weblog is fantastic i like reading your articles. Stay up the good paintings! You realize, a lot of individuals are hunting round for this information, you could help them greatly.

  • 메이저사이트 가격

    Great article. It is extremely unfortunate that over the last years, the travel industry has already been able to to tackle terrorism, SARS, tsunamis, bird flu, swine flu, as well as the first ever true global economic collapse. Through everything the industry has proven to be solid, resilient as well as dynamic, finding new tips on how to deal with hardship. There are usually fresh issues and the opportunity to which the field must once more adapt and respond.

  • 먹튀폴리스 검증업체

    A person essentially help to make significantly articles I’d state. That is the very first time I frequented your web page and so far? I surprised with the analysis you made to make this actual post amazing. Wonderful job!

  • nonton movie

    Hi there, just became alert to your blog through Google, and found that it is truly informative. I am going to watch out for brussels. I will be grateful if you continue this in future. Lots of people will be benefited from your writing. Cheers!

  • 메이저토토

    I do believe all of the concepts you’ve introduced to your post. They’re really convincing and can definitely work. Nonetheless, the posts are too brief for starters. May you please prolong them a little from subsequent time? Thanks for the post.

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