The defendants applied for two orders during the course of a Case
Management Conference conducted under the former Rule 68(41). The first such
order seeks to restrict the plaintiff to reliance on a single expert report.
The second requires written summaries of evidence, for the witnesses which the
plaintiff intends to call, that comply with Rule 68(31). The plaintiff, in
turn, argues either: a) that by virtue of the application of s. 24-1(14)
of the transitional provisions to the Supreme Court Civil Rules, B.C.
Reg. 168/2009 (the New Rules), she is no longer required to adhere to these
limitations or restrictions or, b) that the proper application of the
discretion which I have would allow the plaintiff to file two expert reports.
The plaintiff accepts that the contents of the witness summaries that have been
provided to the defendants do not conform with the requirements of the former
Rules.Background...