What is the test for a plaintiff to obtain 5 units under tariff item 34 of the B.C.S.P.O.R.L.A.A bill?
British Columbia, Canada
The following excerpt is from More v Rutledge, 2019 BCSC 40 (CanLII):
The plaintiff relies on Wong v. Leong, [1998] B.C.J. No. 1038, 20 C.P.C. (4th) 159, a decision of Registrar Bolton. In para. 13, he allows 5 units with the comment “given that this was a jury trial settled only about three weeks before the trial was due to commence.” This case did not settle until after the trial had started. Nevertheless, I am satisfied that there was preparation for trial before April 9, 2018. I allow 5 units under tariff item 34.
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