What is the test for a personal injury damage assessment under Rule 18A?

British Columbia, Canada


The following excerpt is from Kodelja v Curliss, 1999 CanLII 3204 (BC SC):

The defendant has relied primarily on the words of Mr. Justice Harvey in the case of Brayshaw v. Sommerfeld (1996), 24 C.P.C. (4th) 262 (B.C.S.C.) wherein he stated: In my view, upon consideration of these judgments, personal injury damage assessments are capable of a proper Rule 18A disposition when, A, the claim is a modest one and work loss is minimal, B, there is no suggestion of malingering, C, there is nothing complicated about the case, D, there is an absence of any obvious or serious inconsistencies in the evidence or anything to suggest the claim is bogus and, E, there is no serious issue as to the plaintiff's credibility.

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