Modernizing B.C.'s civil justice system includes pilot project aimed at streamlining procedure

After September 1, 2005, the Expedited Litigation Project Rule will come into force and will apply to civil actions started in Supreme Court registries in Vancouver, Victoria, Prince George and Nelson. Embodied in Rule 68, this two year pilot project will apply to civil claims valued at $100,000 or less, excluding family law matters and class proceedings under the Class Proceedings Act. The procedural framework may also be used by parties to litigation where claims exceed $100,000 provided all the parties to the litigation agree.

The project is part of B.C.'s ongoing initiative to improve access to justice and addresses concerns raised in the BC Justice Review Task Force Green Paper "The Foundations of Civil Justice Reform" (click HERE for access to the paper).

Rule 68 is designed to provide relief from delay, cost and complexity of the litigation process by simplifying pre-trial procedures and giving judges greater discretion to define appropriate limits on the process. Judges are also given discretion to assist the parties to define and narrow the issues in dispute and prepare cases for trial.

Key features include:

o Limits on interlocutory applications unless a case management or trial management conference has been held.
o Limits on examinations for discovery and discretion for judges to impose time limits on the examination of witnesses at trial and on opening and closing statements.
o Greater pre-trial disclosure obligations including sharing documents lists, witness lists and “will say” statements for witnesses the parties intend to call.
o Limits on the type and quantity of documents that must be listed and produced before trial and the timing of contested interlocutory applications.
o Judges may be more proactive at case management conferences to help the parties define the issues and prepare the case for trial.
o Jury trials will not be allowed.
o Trial management conferences will be held at least 2 weeks before trial and parties will be required to exchange detailed trial briefs at least one week before the trial management conference.

Click HERE to read the full text of Rule 68.