What is the legal test for a personal representative to proceed in a personal injury proceeding?

British Columbia, Canada


The following excerpt is from Jang v Jang, 2018 BCSC 1649 (CanLII):

A proceeding may be “necessary” if the personal representative is unwilling or unable to proceed or it may be “expedient” if it is in the best interests of the estate. That proposition is from Bunn v. Bunn Estate, 2016 BCSC 2146.

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