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The court ordered Metal Yapi to post further security for costs of $150,000 each to ITC Construction and Siber Façade, with liberty to reapply if trial is adjourned.
The court dismissed a pre-trial application to exclude expert disbursements under s. 5(6) of the Regulation because the plaintiff lacked evidence of anticipated costs and the 6% cap risk.
The court granted an application to exclude expert disbursements for a physiatrist and economist under s. 5 of the Regulation, and ordered costs in the cause.
The court dismissed a last-minute defence application for production of the plaintiff’s post-secondary transcripts, finding the request was untimely and the documents had limited probative value.
The court held this 43-day post-trial costs matter was more than ordinarily difficult and awarded the defendants party-and-party costs on Scale C.
The court upheld a notice of trial, kept the trial in Duncan, and ordered pre-trial applications heard in Vancouver in a venue dispute between business litgants.
Costs ruling after a personal injury jury trial. The court held the matter was of ordinary difficulty and awarded costs on Scale B, not Scale C.
The court granted an adjournment of a criminal trial, vacated the May 6, 2013 start date, and set a new trial date of September 16, 2013.
Leave to file further pre-trial materials was denied because the contested issues of identity and territorial jurisdiction are elements to be proved by the Crown at trial and do not require a pre-trial application, evidence regarding title to land is irrelevant and inadmissible to the charges, and the Provincial Court lacks jurisdiction to adjudicate statutory invalidity; accordingly the proposed materials would not be permitted and leave is refused.
Source excerpt
The court set flexible notice rules for pre-trial applications in a complex multi-accused murder case, requiring sufficient particulars, timely reply, and room for variation.
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