ARTICLE · 13 NOVEMBER 2019

Limits On Expert Reports In BC Overturned

McLennan Ross LLP

The cap set by the British Columbia government on the number of expert reports allowed in motor vehicle lawsuits has been ruled unconstitutional by the B.C. Supreme Court, as it violates the ...

CanadaLitigation, Mediation & Arbitration

Marika Cherkawsky

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The cap set by the British Columbia government on the number of expert reports allowed in motor vehicle lawsuits has been ruled unconstitutional by the B.C. Supreme Court, as it violates the exclusive powers of a court to control its own processes.

By way of background, in early 2019, the British Columbia government enacted Rule 11-8 by Order in Council No. 40/2019 and Order in Council No. 131/2019. Rule 11-8 sets the following limits on the number of expert reports allowed in auto insurance lawsuits:

ICBC and plaintiff lawyers in automobile injury court cases are limited to only one expert each and one report each for fast-track claims valued less than $100,000, and

up to three experts and three reports each for all other claims.

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Limits On Expert Reports In BC Overturned

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