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B.C. Reg. 210/2020
O.C. 468/2020
Deposited August 10, 2020
This consolidation is current to April 13, 2021.
Link to consolidated regulation (PDF)
Link to Point in Time

Evidence Act

Disbursements and Expert Evidence Regulation

[Last amended February 12, 2021 by B.C. Reg. 31/2021]

Contents
1Definition
2Fast track vehicle injury proceeding
3Exemptions for certain expert evidence
4Disbursements allowed for expert reports in vehicle injury proceedings
5Limits on amount of disbursements

Definition

1   In this regulation, "Act" means the Evidence Act.

Fast track vehicle injury proceeding

2   For the purposes of the definition of "fast track vehicle injury proceeding" in section 12.1 of the Act, a vehicle injury proceeding that is a fast track action under the Supreme Court Civil Rules is prescribed as a fast track vehicle injury proceeding.

Exemptions for certain expert evidence

3   (1) In this section, "responding report" means a report served under Rule 11-6 (4) of the Supreme Court Civil Rules.

(2) The limits in relation to expert evidence set out in section 12.1 (2) of the Act do not apply to an expert or expert's responding report if a party serves the responding report to respond to a report that was served on the party within 126 days before the scheduled trial date for the vehicle injury proceeding.

(3) The limit in relation to reports from experts set out in section 12.1 (2) (a) (ii) or (b) (ii) of the Act does not apply to a supplementary report referred to in Rule 11-6 (5) or (6) of the Supreme Court Civil Rules.

Disbursements allowed for expert reports in vehicle injury proceedings

4   (1) Subject to subsection (3) and section 5, only the following amounts may be allowed or awarded to a party in a vehicle injury proceeding, other than a fast track vehicle injury proceeding, as disbursements for reports from experts on the issue of vehicle injury damages:

(a) the amount incurred by the party for up to 3 reports, whether or not the reports were tendered at trial, provided that

(i) each report was served in accordance with all applicable rules of the Supreme Court Civil Rules, and

(ii) each report was prepared by a different expert;

(b) the amount incurred by the party for any of the following reports, provided the report was served in accordance with all applicable rules of the Supreme Court Civil Rules:

(i) a report referred to in section 3 (1) or (2) of this regulation;

(ii) a report allowed under section 12.1 (3), (4) or (5) of the Act;

(c) the amount incurred by the party for a report prepared by an expert appointed by the court on the court's own initiative under Rule 11-5 (1) of the Supreme Court Civil Rules.

(2) Subject to subsection (3) and section 5, only the following amounts may be allowed or awarded to a party in a fast track vehicle injury proceeding as disbursements for reports from experts on the issue of vehicle injury damages:

(a) the amount incurred by the party for one report, whether or not the report was tendered at trial, provided that the report was served in accordance with all applicable rules of the Supreme Court Civil Rules;

(b) the amount incurred by the party for a report referred to in subsection (1) (b);

(c) the amount incurred by the party for a report referred to in subsection (1) (c).

(3) The limits set out in subsections (1) and (2) do not apply

(a) to amounts that were necessarily or properly incurred before February 6, 2020 for a report from an expert, or

(b) to a vehicle injury proceeding if

(i) a notice of trial was filed and served before February 6, 2020, and

(ii) the trial date set out in the notice of trial filed in relation to the vehicle injury proceeding was before October 1, 2020.

[en. B.C. Reg. 31/2021, s. 2.]

Limits on amount of disbursements

5   (1) In this section:

"disbursement limit" means, in relation to a vehicle injury proceeding,

(a) the amount that is 6% of the total award of damages assessed by the court in the vehicle injury proceeding or, if an offer to settle the vehicle injury proceeding is accepted, 6% of the amount offered, or

(b) if the court dismisses the vehicle injury proceeding or, at the conclusion of the vehicle injury proceeding, does not make an award of damages, the amount determined by the court;

"excluded disbursements" means the following:

(a) fees payable to the Crown under the Supreme Court Civil Rules;

(b) fees payable to the sheriff for non-refundable deposits in civil jury trials under the Supreme Court Civil Rules;

(c) disbursements incurred by a party if the court ordered the costs of the proceeding to be paid as special costs;

(d) disbursements incurred for an expert report on the issue of liability, if the court ordered that those expenses are excluded disbursements.

(2) Only the following may be allowed or awarded to a party in a vehicle injury proceeding as disbursements:

(a) disbursements up to the disbursement limit;

(b) excluded disbursements.

(3) The limits set out in subsection (2) do not apply

(a) to a vehicle injury proceeding if

(i) a notice of trial was filed and served before August 12, 2020, and

(ii) the trial date set out in the notice of trial filed in relation to the vehicle injury proceeding is before June 1, 2021, or

(b) to a vehicle injury proceeding if

(i) a notice of trial was filed and served before August 12, 2020,

(ii) the trial date set out in the notice of trial filed in relation to the vehicle injury proceeding is on or after June 1, 2021, and

(iii) the court is satisfied that the party necessarily or properly incurred disbursements before August 12, 2020 in excess of the disbursement limit.

[en. B.C. Reg. 31/2021, s. 2.]

[Provisions relevant to the enactment of this regulation: Evidence Act, R.S.B.C. 1996, c. 124, ss. 12.1 and 12.2.]