What is the test for a judge to exercise the Rule of Civil Procedure?
British Columbia, Canada
The following excerpt is from Ward v. Klaus, 2012 BCSC 99 (CanLII):
It is now generally recognized that the Rule provides for the exercise of a broad discretion by trial judges and provides principles to guide in the exercise of that discretion: Roach v. Dutra, 2010 BCCA 264, 5 B.C.L.R. (5th) 95.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the BCSC need to approve the proposed amendments to the Rules of Civil Procedure and Procedure to the rules of procedure? (British Columbia, Canada)
Can a judge in a fast-track action depart from the fixed amount under Rule 15-1(15) of the Rules of Civil Procedure and Procedure? (British Columbia, Canada)
How have courts interpreted r. 9-1(6) of the Rules of Civil Procedure and Civil Procedure in determining whether to accept an offer to settle? (British Columbia, Canada)
What is the effect of the Rules of Civil Procedure and Procedure of striking a jury in a civil case? (British Columbia, Canada)
What is the impact of Rule 37B of the BC Rules of Civil Procedure and Procedure on Rule 37 B of the Rules of Procedure? (British Columbia, Canada)
How has the BCSC interpreted Rule 14-1(9) of the Rules of Civil Procedure and Procedure regarding the exercise of discretion of the Court of Appeal? (British Columbia, Canada)
What is the effect of Rule 37B of the Canadian Rules of Civil Procedure and Procedure on the duration and expense of litigation? (British Columbia, Canada)
What is the effect of the Appendix B amendment to the Rules of Civil Procedure and Procedure to the Court of Appeal on costs? (British Columbia, Canada)
In what circumstances will a court allow a chambers judge to proceed with a summary trial under Rule 18A of the Rules of Civil Procedure? (British Columbia, Canada)
What is the test for proportionality under Rule 1-3(2) of the Rules of Civil Procedure and Procedure? (British Columbia, Canada)
