Is Section 65(1)(e) neutralized by the fact that a claimant has the ability to be self-sufficient?
British Columbia, Canada
The following excerpt is from Salminen v. Garvie, 2012 BCSC 407 (CanLII):
Both the claimant and the respondent have the ability to be self-sufficient. Section 65(1)(e) is not “neutralized” by that fact. What is required is “a more comprehensive analysis of the needs of both parties …” (Bain v. Bain, 2008 BCCA 49).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have the courts interpreted the meaning of section 65(1)(e) of the Rules of Civil Procedure in the context of an individual's ability to be self-sufficient? (British Columbia, Canada)
Does section 25 of the Criminal Code provide a defence to both civil and criminal liability if the force was justified within the meaning of that section? (British Columbia, Canada)
What is the effect of section 12 of the Charter on a minimum sentence imposed under section 344(a) of the Criminal Code? (British Columbia, Canada)
What is the test for overturning a chambers judge's finding that a section of statutory interpretation of the Statutory Interpretation of Section 5(1) of the Criminal Code applies to a person who is not a party to the legislation? (British Columbia, Canada)
Is requiring a certificate of analysis under section 258 compliant with section 258 of the Motor Vehicle Act? (British Columbia, Canada)
Does section 128 of the BC Strata Corporation Act, s. 128(1) of the Statutory Review of Strata Plan Amendments, or does the section 128(2) apply to residential or non-residential members of the corporation? (British Columbia, Canada)
What is the starting point in section 9(a) of the Rules of Civil Procedure 9(b) and 9 (b) of section 9 of the Child Support Guidelines? (British Columbia, Canada)
What is the effect of section 29(1) of the Criminal Code Act, section 46 of the Civil Rights Act? (British Columbia, Canada)
What is the “essence” of the test for determining whether a claimant had pursued the driver as resolutely and resourcefully as they would have done if the claimant intended to pursue any right of action arising out of the accident? (British Columbia, Canada)
What is the test for determining whether a section of legislation that discriminates against an applicant based on race, ethnicity, nationality, race, gender, ethnicity or nationality violates section 15 of the Charter? (British Columbia, Canada)
