What is the impact of Rule 37B of the Rules of Civil Procedure on personal injury costs?

British Columbia, Canada


The following excerpt is from Aspen Enterprises Ltd. v. Quiding, 2009 BCSC 50 (CanLII):

In Hix v. Ewachniuk Estate, 2008 BCSC 1258, 43 E.T.R. (3d) 113, at para. 16, Hinkson J. characterized Rule 37B as: [A] return to a reliance on judicial discretion with respect to costs, as opposed to the strict code contained in Rule 37.

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