What are the consequences of a failure to comply with the Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from Luy v Maple Leaf Projects Limited, 2019 BCSC 685 (CanLII):
For the most part, the cases on which the plaintiffs rely involve procedural breaches of the Rules. In Kossert v. Busswood, 2018 BCSC 425, the default was a failure to comply with a master’s order requiring production and attendance at an examination for discovery. The plaintiffs rely on a series of cases in which support that general proposition.
In Louie v. Webber, 2013 BCSC 1763, the default was the plaintiff’s lack of readiness for trial on each of the five dates on which the defendants set the matter for trail. The defendants suffered some prejudice, but the plaintiff had an acknowledged claim for damages. She was given one last chance to put her case before the court.
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