What is the test for making advance payments to a plaintiff?

The seminal authority governing such advance payments is Smith v. Agnew 2001 NBCA 83. It defines the issues I must decide here. Broadly, “the evidence on the hearing must show that it will be proven at trial that the defendant owed the plaintiff a duty of care, the former breached that duty and, as a result, the latter sustained the special damages targeted by the advance payment order” (ibid, at para. 56). The onus is on the moving party on the civil standard of “more likely than not” (at para. 66).