What factors are relevant to determining the degree of difficulty faced by a plaintiff in an action for wrongful death?

British Columbia, Canada


The following excerpt is from F.S.M. v. Clarke et al., 2000 BCSC 432 (CanLII):

Factors relevant to the degree of difficulty include: 1. The length of the trial; 2. The complexity of the issues involved; 3. The number and complexity of pre-trial applications; 4. Whether or not the action was hard fought with little or nothing being conceded along the way; 5. The number and length of examinations for discovery; 6. The number and complexity of expert’s reports; 7. The extent of the effort required in the connection and proof of the facts: (Boogaars v. Anderson, [1991] B.C.J. No. 983 (B.C.S.C.))

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