What is the test for assessing the interests of both parties in a personal injury action?
British Columbia, Canada
The following excerpt is from ICBC v. Patko, 2008 BCCA 65 (CanLII):
Applying the flexible approach in Mooney v. Orr, the court may consider the interests of both parties, taking into account a number of factors, including the strength of the plaintiff’s case, the nature of the transaction giving rise to the action, the risks inherent in that transaction, the amount of the claim, the defendant’s assets and the history of the defendant’s conduct.
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