When will a court order the exclusion of all assets in a personal injury action?
British Columbia, Canada
The following excerpt is from Tully v. Haber, 2014 BCSC 1856 (CanLII):
Although the respondent appears to have a strong case for the exclusion of the assets, I agree it is premature for the court to make a decision on that when additional relevant evidence may be adduced through examination for discovery. Counsel for the claimant fairly noted that evidence at the discovery may either help or hinder the ability of the claimant to resist the claim for exclusion. However, I note in Remmem v. Remmem, Justice Butler is careful to note at paragraph 52:
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