What is the test for tariff items in a personal injury claim?

British Columbia, Canada


The following excerpt is from Fairchild v. Vancouver Coastal Health Authority, 2011 BCSC 616 (CanLII):

In my view these tariff items are not awarded simply for the number of documents exchanged. I must also consider the “process” involved in the discovery and inspection of all of the documents. That process might involve the “endeavours” required to secure the documents from the plaintiff’s US employer and medical practitioners. Further, as District Registrar Bouck (as she then was) noted in Albert v. Conseil Scolaire Francophone de la Colombie-Britannique [2007] B.C.J. No. 1413; 2007 BCSC 928, paragraph 38: While the number of documents listed by a party is some measure of the time to be ordinarily spent, that is not the only measure. The nature of the documents themselves must be considered. For example, some documents will need to be carefully scrutinized for solicitor-client privilege claims. Others will be so benign, but yet relevant, that little time need be spent in their review.

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