Court Awards Full Fast Track Costs To Plaintiff In Case Settled 7 Months Prior To Trial

In Yuan v. Fan, the Plaintiff was injured in a head on collision, and consequently sued for damages. Liability was admitted by ICBC’S lawyer on behalf of the Defendant.

 

Prior to trial, there was an Examination for Discovery of the Plaintiff, as well as an exchange of documentation between the parties. The Plaintiff produced two expert reports, one from her family doctor, and one from a psychiatrist. Settlement proposals were exchanged between the parties, with the matter finally settling approximately seven months before the scheduled trial date.

 

Some ICBC injury claims proceed through fast track litigation, which is a faster way to have a case proceed through the litigation process. The fast track process applies to ICBC injury claims that can be completed in three days or less, or to those ICBC injury claims where the amount of damages sought by the Plaintiff is less than $100,000.00. Subject to a Court’s discretion, there is usually a set sum of costs awarded to the successful party in a fast track matter. Counsel for the Plaintiff in the case at bar proceeded by way of fast track litigation.

 

Counsel for the Plaintiff sought the full fast track costs amount of $6,500.00, arguing that there had been “significant preparation for trial”. ICBC’S lawyer argued that there had not been significant preparation for trial.

 

The Court, in noting that whether or not significant preparation for trial had occurred depends on the circumstances of each case, awarded the Plaintiff full costs.

 

[8] Whether the successful party’s case was significantly ready for trial is a case‑specific inquiry. In Noori v. Pochman, 2016 BCSC 1329, at paragraph 6, the court states:

 

Different cases involving different parties, different injuries, and different issues will be ready for trial at different times depending on the circumstances.

 

[10] In the present case liability was admitted, therefore work in that regard wasn’t needed. The plaintiff abandoned her claim for wage loss, and therefore, no pre-trial work was necessary in that regard. Discoveries had been completed, document exchanges had been completed, and medicolegal reports had been obtained. Detailed settlement offers had been exchanged. All that remained to be done was the filing of a trial brief, attending a trial management conference, and immediate trial preparation. Immediate trial preparation is required in each and every case whether settlement occurs two weeks, or two months prior to trial.

 

[11] This was not a complex case. It was a simple case of assessing damages where there wasn’t a wage loss claim. Simple cases require less work to be ready for trial. The plaintiff’s case has met the threshold of being significantly prepared for trial in all the circumstances. I award the full fast track cap.

Leave a Reply

Your email address will not be published. Required fields are marked *