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


The following excerpt is from Foster v. Forry, 1980 CanLII 422 (BC CA):

August 31st, that is three months later, came and went. Nothing was done. This order is not a well-drawn order in a number of respects, but essentially it does order cancellation upon there not being paid into court on August 31st of that year the amount set out in the order. I think it cannot be compared with the order in Shocket v. Hay, 1979 CanLII 503 (BC CA), 12 B.C.L.R. 231, [1979] 5 W.W.R. 149 (sub nom. Schocket v. Hay). Counsel approved that order before it was entered and no appeal was taken from that order. I have already said that within the three months nothing was paid.

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