What is the current jurisprudence on using Rule 18A in personal injury actions?
British Columbia, Canada
The following excerpt is from Machala v. Roodenburg, 2002 BCSC 397 (CanLII):
In Brayshaw v. Sommerfeld (1996), 24 C.P.C. (4th) 262 (B.C.S.C.), the court summarized the jurisprudence on resort to Rule 18A in personal injury actions (at para. 9): In my view, upon consideration of these Judgments, personal injury damage assessments are capable of a proper Rule 18A disposition when: (a) The claim is a modest one and work loss is minimal; (b) There is no suggestion of malingering; (c) There is nothing complicated about the case; (d) There is an absence of any obvious or serious inconsistencies in the evidence or anything to suggest the claim is bogus and, (e) There is no serious issue as to the plaintiff's credibility.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
If historical driving records are relevant in personal injury actions, would they be relevant in a personal injury action? (British Columbia, Canada)
In a personal injury action, can a plaintiff recover large amounts of personal injury damages from a vocational consultant? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
Is a party to a personal injury action entitled to production of a party’s personal injury report? (British Columbia, Canada)
Can a defendant in a personal injury action make use of a medical report and clinical report obtained from an earlier and by then settled wrongful dismissal action? (British Columbia, Canada)
Is a plaintiff’s personal injury fund available for use in a personal injury litigation deduction? (British Columbia, Canada)
What are the legal principles used by a plaintiff in a personal injury action? (British Columbia, Canada)
What is the current state of the law on interest in a personal injury action? (British Columbia, Canada)
