What is the test for a motion to remove an action from the fast track rules?

The plaintiffs rely on Anderson v. Jawara, 2007 BCSC 1174, in which the primary order sought (removing the action from the fast track rules) was adjourned but the advance payment order was nevertheless granted.

The plaintiffs also argue that liability does not need to be admitted in all of the joined actions; rather that it is sufficient that some of the defendants in some of the actions admit liability, suggesting the defendants can “sort it out amongst themselves” if liability is not found in relation to the contested collisions. In that regard the plaintiffs cite Kailay v. ICBC, 2011 BCSC 263, for the proposition that liability does not have to be absolutely established to grant the order sought.