How has the Court in BC considered a recovery action for damages under Rule 18A?
British Columbia, Canada
The following excerpt is from Insurance Corporation of British Columbia v. Murdoch, 2005 BCSC 200 (CanLII):
In ICBC v. Hosseini Mr. Justice Groberman considered the suitability of a “recovery action” for determination under Rule 18A. At ¶63, he stated: To summarize, there is nothing in this case that makes it inherently unsuitable for determination under Rule 18A. There are no major issues of credibility. While the task of assessing the legitimacy of expert estimates of damages (particularly the cost of future care) is somewhat difficult, the fact that the I.C.B.C. settlement places a “cap” on the damages in this case may facilitate the assessment.
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