What is the test for making an advance payment in a personal injury case?

New Brunswick, Canada


The following excerpt is from Burr v. Chambers and J.D. Irving, 2001 NBQB 112 (CanLII):

I would follow the reasoning of this Court in Bernier v. Boudreau. [1999] N.B.J. No. 285 in which Justice McIntyre writes at ¶ 9: In my opinion, advance payments are meant only for the clearest of cases. In other words, the hearing of the motion is and should not be a trial. The evidence must clearly establish that there is a link between the alleged loss of earnings and the injuries sustained. If there is any reason to believe that there is a debatable issue that can only be settled at trial, an advance payment will not be justified.

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