What is the test for being of more than ordinary difficulty?
British Columbia, Canada
The following excerpt is from Wallman v. Doe, 2014 BCSC 968 (CanLII):
The relevant factors to be considered when determining whether a case was of more than ordinary difficulty were set out by this court in Danicek v. Li, 2011 BCSC 444 at para. 40. They are: a) the length of trial; b) the complexity of issues involved; c) the number and complexity of pre-trial applications; d) whether the action was hard fought with little conceded; e) the number and length of examinations for discovery; f) the number and complexity of expert reports; and g) the extent of the effort required in the collection and proof of facts.
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