What is the test for an order of advance payment in a personal injury action?

British Columbia, Canada


The following excerpt is from Sohal v. Argitos, 2010 BCSC 916 (CanLII):

The court should not exercise its discretion to order an advance payment where liability is in dispute. Such an order requires a determination of the issues that are the very subject matter of the action: Andruschak v. Helina, [1993] B.C.J. No. 2678.

Other Questions


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)
Is a party to a personal injury action entitled to production of a party’s personal injury report? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (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)
What is the test for obtaining an order for advance payments in a personal injury case? (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)
What is the effect of an order to cancel an order for non-payment of a lump sum of funds made in a personal injury case? (British Columbia, Canada)
In making a determinate order on a motion of no confidence in a motion for personal injury in a personal injury case, what are the reasons why such a determination is necessary? (British Columbia, Canada)
In what circumstances will the court order disclosure of a solicitor's file in a personal injury action? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.