What is the test for attaching a debt in a personal injury case?
British Columbia, Canada
The following excerpt is from Groenheyde v. Pringle, 1995 CanLII 3380 (BC SC):
9 In the case of Knowles v. Peters, 12 W.W.R. N.S. 560 Wilson J., "as he then was", stated that in the case of attachment of debts before judgment "there must ... be a meticulous observance of the requirements of ..." the Act. One of those requirements is that the debt claim or demand "is justly due and owing after making all just discounts" at the time the affidavit in support is sworn.
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