In what circumstances will a judge be found to have breached Rule 57(15) of the Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from Seatle et al v. Purvis et al, 2006 BCSC 724 (CanLII):
In the case of Griffiths v. New Westminster, [2002] B.C.J. No. 302 Burnyeat J. quoting from Esson J.A. at ¶ 19 said: After rejecting the proposition that what is now Rule 57(15) required an element of misconduct Esson J.A. stated that the purpose of that rule was to give trial judges a discretionary power to affect a just result between parties in cases which have been prolonged by issues such as those raised here by the defendant.
"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)
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)
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)
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)
In what circumstances will a sub-rule (14) and (26) of Rule 27 of the Rules of Civil Procedure be engaged? (British Columbia, Canada)
Under what circumstances will a litigation guardian be appointed under Rule 20‑2 of the Rules of Civil 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)
How have the courts dealt with motions under Rule 34 and Rule 19(24)(a) of the Rules of Civil Procedure in a personal injury action? (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 relevance of Rule 11‑6(4) of the Rules of Civil Procedure and Procedure requiring a physical examination? (British Columbia, Canada)
