What authority does the Court have to determine the quantum of an award under the former Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from Mayer v. Osborne Contracting Ltd., 2011 BCSC 914 (CanLII):
The Court’s authority under the former Rules was discretionary. A trial judge had the authority to determine the quantum of the award where it would avoid burdening “the parties with the task of acquainting the Registrar with the complexities of the case” on an assessment: Graham v. Moore Estate, 2003 BCCA 497 at para. 46. That jurisdiction was to be used “sparingly”.
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