What is the test for determining a remedy in a personal injury action?
British Columbia, Canada
The following excerpt is from Campbell v. McLelland, 1995 CanLII 961 (BC SC):
63 In Peter v. Beblow, cited above, the majority of the court said that the first step in fashioning a remedy is to determine whether a monetary award is insufficient, and if so, whether sufficient nexus between the contribution of the plaintiff and the property in issue has been made out. In considering whether a monetary award is sufficient, the court may consider the probability the judgment will be satisfied, as well as any special interest in the property acquired or enhanced by the plaintiff's contributions.
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