What is the test for a plaintiff in a personal injury action where they are required to provide financial management assistance and/or investment advice?
British Columbia, Canada
The following excerpt is from Rahemtulla v Sutton, 2019 BCSC 1105 (CanLII):
It is noted however at para. 10 that an award for such services is “not automatic” and that “[en]titlement for an award for such fees is a question of fact to be resolved based on the evidence in every case”: Mandzuk v. I.C.B.C., 1988 CanLII 16 (SCC), [1988] 2 S.C.R. 650 at 651. The court notes that a plaintiff is to provide a factual basis including: (a) evidence that management assistance is in fact necessary; (b) evidence that investment advice is in fact necessary in the circumstances; and (c) evidence as to the cost of such services.
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