What is the test for determining the scale of the cost of an individual’s medical malpractice?
British Columbia, Canada
The following excerpt is from Webber v. Canadian aviation insurance managers Ltd., 2003 BCSC 274 (CanLII):
As was set out in Mort v. Saanich School District No. 63, 2001 BCSC 1473 (CanLII), [2001] B.C.J. No. 2151 (S.C.), the starting point in determining the scale of costs is to determine “whether this matter is of little difficulty; less than ordinary difficulty; ordinary difficulty or importance; more than ordinary difficulty or importance; or, of unusual difficulty or importance.” When addressing this issue, it is sufficient if importance or difficulty is established - not both. See: Mort v. Saanich School District No. 63, supra.
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