What is the test for making a claim for damages against a corporation in a personal injury action?

New Brunswick, Canada


The following excerpt is from Betts v Betts, 2014 NBQB 47 (CanLII):

Like d’Entremont J. in Dion v. Roy, supra, I have not been convinced to exercise my discretion and award suit money. Fairness does not require it. The potential values of the assets are not out of the ordinary, no estimates were filed with respect to the cost of any proposed experts and the husband has offered to pay up to 10 hours of the time of an expert chosen by the wife so as to preliminarily review corporate records. As well, the legal fees estimated by the wife’s counsel through a trial are not unreasonable and well within the resources of the wife when consideration is given to other assets available to her; she is simply not “impoverished”, nor, in my opinion, would she be deprived of a trial by reason of lack of resources should a trial be necessary. e) Setting Down for Trial

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