What is the "difficulty" level of difficulty of a proceeding?
British Columbia, Canada
The following excerpt is from Kinloch v. Edmonds, 2008 BCSC 1684 (CanLII):
There have come to be accepted a series of criteria that can properly be considered in assessing the level of difficulty of a proceeding. These were helpfully set out by Wilson J. in Mort v. Saanich School Board No. 63, 2001 BCSC 1473 at para 6: (a) the length of the hearing on the substantive point; (b) the “complexity of the issues involved”; (c) the number and complexity of pre-trial or hearing applications; (d) whether the proceeding was “hard-fought”, with little or nothing having been conceded along the way; (e) the “number and length of examinations for discovery”; (f) the “number and complexity of experts’ reports”; and (g) the extent of the effort required in fact gathering and proof.
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