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ARTICLE · 28 FEBRUARY 2019

New Rule Significantly Limiting Use Of Expert Reports In MVA Actions

Alexander Holburn Beaudin + Lang LLP
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There was a very significant amendment to the British Columbia Supreme Court Civil Rules in relation to expert reports in motor vehicle claims (and as of February 1, 2020, all personal injury actions).

CanadaLitigation, Mediation & Arbitration

There was a very significant amendment to the British Columbia Supreme Court Civil Rules in relation to expert reports in motor vehicle claims (and as of February 1, 2020, all personal injury actions).  The amendment came into effect on February 11, 2019, with no advanced warning.  An accompanying announcement provided that the amendment was intended to "put a stop to the disproportionate use of experts and expert reports currently being used in motor vehicle-related court cases" and to "encourage earlier settlements and help reduce the costs of settling vehicle injury claims."

On February 11, 2019, the Attorney General of BC and the Lieutenant Governor in Council released Order in Council No. 040 that added a new rule, effective immediately, to our BC Supreme Court Civil Rules.  The new Rule (Rule 11-8 – Experts in Vehicle Actions) limits the number of expert reports that can be tendered at trial for claims for damages for personal injury, or death, that arises out

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