What is the test for s. 37 of the Trustee Act?
British Columbia, Canada
The following excerpt is from Johnstone v. Jacobson, 1980 CanLII 683 (BC SC):
It is significant in my view that in Smallman v. Moore the court was considering a question as to the survival of the right of action and concluded that the cause of action in question, bearing in mind it being a personal injury to the plaintiff, brought it within s. 37 of the Trustee Act then in force.
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