What is the test for making a submission in a personal injury case?
British Columbia, Canada
The following excerpt is from Lukie v. Helgason, 1976 CanLII 237 (BC CA):
A review of the foregoing authorities and others to which we were referred leads me to the conclusion that in order to succeed it is not necessary for the respondents to show that they are in necessitous circumstances. Rather they must bring themselves within the principles enunciated by Duff J. in Walker v. McDermott. I would therefore reject the first submission advanced for the appellants.
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