What is the test for determining a range of issues in a personal injury action brought by a plaintiff against an ICBC defendant?

British Columbia, Canada


The following excerpt is from Lee v Averbach, 2019 BCSC 1280 (CanLII):

In Reischer v. Love & ICBC, 2005 BCSC 1352, the issues included liability, causation, contributory negligence, the extent of the plaintiff’s injuries, economic loss, and the plaintiff’s credibility. The evidence included voluminous hospital records, seven or eight medical-legal reports, vocational, engineering, and economic reports. The trial was set for 15 days. Mr. Justice Drost was not persuaded that the issues could not conveniently be determined by a jury, or that the issues were of such an intricate or complex character that the defendants should be denied the right to a jury trial. Rather, he was satisfied that decisions on the nature, extent, and cause of the plaintiff's alleged injuries could, with proper direction, be made conveniently with a jury.

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