What is the test for advance payment in a motor vehicle accident case?
New Brunswick, Canada
The following excerpt is from McDonald v. Martin, 2013 NBQB 199 (CanLII):
After reviewing Smith v. Agnew, and both the first and second stages of the test to determine whether an advance payment should be made, Mr. Justice Glennie found at paragraph 20 that “I am not satisfied that I can predict on a balance of probabilities that a trial judge is more likely than not to award the Plaintiff compensation on the special damages claimed”. He based his conclusion, in part, because of the pre-accident pain and suffering.
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