The Lieutenant Governor has issued Order in Council 628/2023 amending section 5 of the Disbursements and Expert Evidence Regulation, BC Reg, 210/2020. These amendments follow a Court of Appeal decision in British Columbia to strike down the government’s six per cent cap on disbursements and expert costs in motor vehicle actions. The regulation restores the original cap while permitting some judicial discretion to allow recoverable expert fees and expenses over and above the cap.
CBABC has made recommendations to government on this topic, including a letter to the Attorney General in August 2020 and is considering developing a submission in the new year.
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