Can a judge set two separate actions, one commenced under Rule 66 and one under Rule 68, at the same time, for the same day?
British Columbia, Canada
The following excerpt is from King v. Horth, 2010 BCSC 360 (CanLII):
In Kailey v. Kellner, 2008 BCSC 224, 56 C.P.C. (6th) 40, two actions, one commenced under Rule 66 and one under Rule 68, were before the same judge on a pre-trial conference. Counsel for the defendant in each action applied to remove each from the respective rule so as to set the two trials for five days. The presiding judge ordered both actions heard at the same time under Rule 66 and set three days for trial. The trial took four days, and the plaintiff’s damages did not exceed a formal offer to settle in each of the two actions. When the question of costs came before the trial judge, he said at paras. 20-21:
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