Extra Extra – 6% Cap on Disbursements

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Last year, the BC government amended the Evidence Act to limit the number of experts and expert reports related to damages in motor vehicle personal injury claims. Government also announced there would be further regulations to confirm limits on the disbursements recoverable from an unsuccessful party to the lawsuit.

Evidence Act regulations have now been made that limit the total recoverable disbursements to 6% of the overall judgment or settlement (with some exceptions for court filing fees etc.).

The above limit on disbursements applies to court actions where a notice of trial was not filed and served by August 12, 2020, for a trial date before June 1, 2021 with some judicial discretion to not apply the limit in certain circumstances.