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Canada Case Law

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Civil procedure 2024 BCSC 595

Sekhon v. McCullagh

The court excluded a functional capacity/cost of future care report and an economist report under s. 5(6) of the Regulation, finding the plaintiff met the statutory criteria.

  • Disbursements and expert evidence regulation s.5(6) and s.5(9)
  • Exclusion of expert reports from statutory disbursement cap
  • Functional capacity evaluation
  • Cost of future care
  • Economist report for loss of earning capacity
  • Settlement privilege / without prejudice communications
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Civil procedure 2020 BCSC 879

Chahal v. Sandhu

The court allowed a defence application for a further independent medical examination, finding a physiatrist’s assessment was not unduly duplicative of a prior neurologist IME.

  • Independent medical examination
  • Expert reports and disclosure
  • Duplication of expert evidence
  • Costs of interlocutory application
  • Independent-medical-examination
  • Expert-evidence
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Civil procedure 2012 BCSC 616

Krafta v. F.L.E.X. Excavating Ltd.

The court awarded costs to a proposed defendant who successfully resisted joinder, but ordered those costs payable at the end of the proceeding.

  • Application to add party
  • Costs of interlocutory application
  • Costs payable to non-parties
  • Service of application materials
  • Timing of costs
  • Double indemnification
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.