What are the factors that a court will consider in determining a claim for damages from an Individual Accident Insurance Company?
British Columbia, Canada
The following excerpt is from Skeena Resources Limited v Eilat Exploration Ltd., 2018 BCSC 616 (CanLII):
The other factors I must consider are the interests of the parties. They must be balanced, having regard to all the relevant factors, to reach a just and convenient result. There must of course be a risk of harm to the applicant through the dissipation or removal of assets to a place beyond the court’s reach. Here I am reading from an excerpt from ICBC v. Patko, 2008 BCCA 65, at paras. 25 to 26.
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