Fast 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 Court addressing such an application.
In the recent case (Peters v. ICBC) the Plaintiff was struck in a crosswalk by an unidentified motorist.  She sued ICBC for damages under section 24 of the Insurance (Vehicle) Act.  The case was prosecuted under Rule 15 and was set for trial.  The initial trial date was adjourned because there was no judge available.  The trial was reset and following this the Plaintiff applied to remove it from the Fast Track arguing damages in excess of $100,000 would be sought.  Mr. Justice Gaul dismissed the application noting it was brought too late in the litigation process.  In reaching this conclusion the Court provided the following brief reasons:
[28]         The plaintiff’s law suit has been in the fast track stream under Rule 15-1 since shortly after it was launched in the fall of 2011. The plaintiff’s examination for discovery has been completed. The matter was set to go to trial as a fast track trial in the fall of 2012 and would have but for a lack of judicial resources. The matter is now set for trial, again under Rule 15-1, for June of this year. I agree with the defendant’s argument that it is too late at this point to change tack and to remove the case from the provisions of Rule 15-1.
[29]         For all of the above reasons, the plaintiff’s application is denied.