Skip to Content

Civil Procedure

BC Court rules on appropriate use of Fast Track litigation

Jurisdiction: - British Columbia

In the recent BC Supreme Court decision Ritts v. Bing Thom Architects Inc., 2018 BCSC 252, the court ordered a matter removed from the Fast Track process.

Rule 15-1 provides an expedited means for parties to pursue litigation. In this circumstance, the plaintiff filed the matter under Rule 15 and, when the defendant objected to the suitability of the action for the Fast Track process, the plaintiff responded by setting the matter down for a five day trial. 

The defendant argued the matter was not suitable for the Fast Track process as it met none of the requirements for fast-track litigation: the claim was not expressly limited to $100,000, the trial was set for more than three days, and the parties did not both consent to the process.

The judge found the process followed by the plaintiff was “clearly improper”, and ruled 15(1) did not apply to the action. This decision may provide some guidance for parties to expressley limit the action to $100,000 in the pleadings where they wish to use the Fast Track process but none of the other rules apply. 

Judge grants application by employer to re-open wrongful dismissal trial to adduce fresh evidence about mitigation

Jurisdiction: - British Columbia

In Graham v. Galaxie Signs Ltd., 2010 BCSC 1655, the judge granted an application by the defendant employer to re-open a wrongful dismissal trial to adduce fresh evidence about the plaintiff former employees mitigation efforts 'following the termination of his employment.

Background

The trial was held in October 2009 and continued in February 2010. The judge issued reasons for judgment on April 30, 2010.

The employer filed its application to re-open the trial on September 28, 2010. The formal order flowing from the reasons had not get been entered in the court by the parties.  read more »