What is the test for disposition under Rule 18A in a motor vehicle accident case?

British Columbia, Canada


The following excerpt is from Nowicki v. Moslehi, 2003 BCSC 425 (CanLII):

Mr. Justice Harvey, in Brayshaw v. Sommerfeld, 1996 BCJ 432, reviewed eight judgments of the court at that time where the plaintiff had sought damages for personal injuries from a motor vehicle accident, liability was admitted, and the defendant sought a trial by jury. He concluded disposition under Rule 18A was appropriate where (a) the claim is a modest one and the work loss is minimal, (b) there is no suggestion of malingering, (c) the case is not complicated, (d) there is an absence of any obvious or serious inconsistencies in the evidence or anything to suggest the claim is bogus, (e) there is no serious issue as to the plaintiff's credibility.

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