What is the test for removing a trial from a fast track litigation?

British Columbia, Canada


The following excerpt is from Simpson v. Trat, 2006 BCSC 782 (CanLII):

In Ryan v. Welch, [1999] B.C.J. No. 2524 (S.C.) [Ryan], Mr. Justice Curtis in dealing with an application to remove a trial from fast track litigation said this at para. 4 in reference to subrule (9) of Rule 66: (9) In exercising its discretion under subrule 8(b), the court must take into account (a) the likelihood that a trial of the action will occupy more than 2 days, and (b) whether it is reasonable in the circumstances to continue the action under this rule.

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