Rule 11-8 Supreme Court Civil Rules was enacted on 11 February 2019 by a decision of government, without seeking approval from the Rules Revision Committee. Rule 11-8 limited parties to three experts in motor vehicle claims, but was intended to apply to all injury claims from 1 February 2020.
The Rule was challenged by a claimant in a vehicle action and the Trial lawyers Association of British Columbia in Crowder v British Columbia (Attorney General) [2019] BCSC 1814. On 24 October 2019, the Supreme Court of British Columbia determined that Rule 11-8 encroached upon the Court’s jurisdiction to control its process and set aside a number of the sub-Rules thereunder.
The judgment may be read here: