Can a plaintiff bring an action under Rule 15(1) pursuant to Rule 15-1(6)?
British Columbia, Canada
The following excerpt is from Arrowmark Contracting Ltd. v. JDP Construction Ltd., 2013 BCSC 2307 (CanLII):
While it was open to either party to apply for the removal of this action from Rule 15(1) pursuant to Rule 15-1(6), I am not aware that either party did so. Having not so applied, the plaintiff has no basis for complaining that its costs are determined under this rule. (Mejewska v. Partyka, 2010 BCCA 236)
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