Experts and Disbursement Limits

In part of its ongoing package of reforms to reduce litigation cost, the British Columbia government has recently enacted into law a new regulation—the Disbursements and Expert Evidence Regulation, B.C. Reg. 31/2021—which limits the amount of disbursements that are recoverable by the successful party in “vehicle injury proceedings”. The regulation sets out separate limits for recoverable disbursements for expert reports, as well as recoverable disbursements globally.

This regulation is important for both claims examiners and their legal counsel to consider when assessing claims for disbursements as well as for strategic use in trying to drive earlier settlement negotiations before further costs are incurred. This briefing note will examine the actions in which the disbursement limitations are applicable, the amount of the applicable limits, and the implications of the same on vehicle injury litigation.

Click here for the Briefing Note