Can a judge in a fast-track action depart from the fixed amount under Rule 15-1(15) of the Rules of Civil Procedure and Procedure?

A finding of “special circumstances” allows a judge in a fast track action to depart from the fixed amounts under R. 15-1(15). The jurisprudence provides examples of what constitute “special circumstances” warranting a deviation from the fixed amounts in R. 15-1. In Peacock v. Battel, 2013 BCSC 1902 at para. 18, Affleck J. reviewed the case law and gave the following examples: “[s]pecial circumstances have been held to apply in cases where the trial took longer than the maximum amount of days referenced in the fast track litigation rule, or the action was complex or where a reasonable offer to settle was made but not accepted.” However, awards made where there are special circumstances still must be made with reference to the fixed amounts in R. 15-1(15). To make an award in the context of fast track litigation without using the amounts in Rule 15-1(15) as a reference point, the party must prove that the circumstances are not just “special” but “exceptional”, as discussed below.