It may look like a simple request to the BC Supreme Court to fast track Rexy’s dog bite lawsuit but it isn’t. Here is what the request reveals. Remember that Jonny’s lawyer is probably his strata/home insurance company’s lawyer. The insurance company wants this wrapped up as quickly and as cheaply as possible. No doubt an offer to settle has probably already been made especially after the BCCRT ruling and the elevator security video was viewed & certified.
Fast track was created to allow less complicated cases to be completed within 8 months of the initial filing. The highlights which are most salient to Jonny’s case are: a quicker discovery limited to 2 hours, trial to 3 days, the claim is less than $100,000 (and the judge is prevented from awarding damages to the plaintiff over that amount), and that all the parties have to agree before a judge can order that the fast track rule applies. But will the Plaintiff, especially if the damages are limited to a maximum of $100,000? Will the Strata agree?
Jonny should be on board with this application as a 2 hour discovery will limit the amount of historical evidence & testimony of Rexy’s aggressive behaviour from other locations such local businesses, medical offices and university campuses. Updates will be published as we get them.
Unfortunately, the Strata was named as a defendant alongside Jon, which, I suspect, means Jon gets to prance about in court free of charge again, while the Strata pay all the bills through increased insurance premiums.
Frankly, that dog can’t ever be trusted again after its non existent early years “training” and the only safe option is to put it down and ban Jon from ever caring for anything bigger than a cockroach in future.