Can a personal injury settlement be traced to the purchase of a property?
British Columbia, Canada
The following excerpt is from K.L.B. v S.W.B, 2021 BCSC 1437 (CanLII):
In Gavriel v. Gavriel, 2017 BCSC 1653 [Gavriel], the court came to a similar conclusion. In that case, a personal injury settlement was deposited into an account and used for numerous purposes, including the purchase of a property. The court determined that it was not possible to say that all of the personal injury settlement could be traced to the purchase of the property, but that it would be equally unfair to conclude that none of it did. Ultimately, the court used the pro rata approach:
"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 does a resulting trust arise when a person contributes to the purchase price of a property and the property is then placed in another person's name? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
If historical driving records are relevant in personal injury actions, would they be relevant in a personal injury action? (British Columbia, Canada)
What is the range of damages awarded in a personal injury action against a property owner who lost access to their property due to trespass? (British Columbia, Canada)
In a personal injury action, can a plaintiff recover large amounts of personal injury damages from a vocational consultant? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
Does a purchaser have a right to resile from a contract of purchase and sale if the purchaser fails to complete the purchase at the agreed price? (British Columbia, Canada)
Is a party to a personal injury action entitled to production of a party’s personal injury report? (British Columbia, Canada)
Is a plaintiff’s personal injury fund available for use in a personal injury litigation deduction? (British Columbia, Canada)
What is the range of damages for personal injury damages in a personal injury case? (British Columbia, Canada)
