What is the test for obtaining a management fee or investment counselling fee from an insurance company?
British Columbia, Canada
The following excerpt is from B.P.B. v. M.M.B., 2006 BCSC 1335 (CanLII):
In Mandzuk v. Insurance Corp. of British Columbia, 1988 CanLII 16 (SCC), [1988] 2 S.C.R. 650, Sopinka J. held at paragraph 5 as follows: A plaintiff seeking to recover either a management fee or an investment counselling fee should provide a factual basis to the trier of fact, including: (i) evidence that management assistance is in fact necessary; (ii) evidence that investment advice is in fact necessary in the circumstances; (iii) evidence as to the cost of such services.
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