What is the impact of the Fast Track Litigation Rule on a defendant's ability to avoid the maximum cost of a motion?
British Columbia, Canada
The following excerpt is from Henri v. Seo, 2009 BCSC 845 (CanLII):
I agree with the defendant that given the Fast Track Litigation Rule has been in place for more than 10 years, the absence of any case law to support a departure from the normal rule of costs in the circumstances at bar is significant. (I must note in Dhugga v. Sodhi, 2004 BCSC 273, Fraser J. indicated he was inclined to depart from the maximum costs limit set out in the Rule and invited submissions on the matter. However no decision on the point is recorded).
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