What is the test for R. 19(24)(a) of the Canadian Rules of Civil Procedure for dealing with complex and novel cases?
British Columbia, Canada
The following excerpt is from Camp Development Corporation v. Greater Vancouver (Transportation Authority), 2009 BCSC 819 (CanLII):
In the recent case of Greater Vancouver Regional District v. British Columbia (Attorney General), 2009 BCSC 577 at para. 31, Madam Justice Garson revisited R. 19(24)(a) and added to the above discussion the proposition that, “...difficult questions of law, even if they are complex or novel, may well be decided under this rule if on a proper analysis of the law it is plain and obvious that the claim cannot succeed”.
"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
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)
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)
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)
What is the effect of the Rules of Civil Procedure and Procedure of striking a jury in a civil case? (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)
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)
What is the effect of Rule 30 of the Rule 40A of the Rules of Civil Procedure on an application for a medical examination that comes three weeks before trial? (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)
What is the relevance of Rule 11‑6(4) of the Rules of Civil Procedure and Procedure requiring a physical examination? (British Columbia, Canada)
In what circumstances will Rule 30 of the Rules of Civil Procedure apply in a personal injury case? (British Columbia, Canada)
