What is the test for making a claim against the respondent in a personal injury case?
British Columbia, Canada
The following excerpt is from Western v. Young, 1998 CanLII 3008 (BC SC):
It is the respondent's contention that this is a case in which to apply the principles enunciated in the case of Moge v. Moge (1992), 1992 CanLII 25 (SCC), 43 R.F.L. (3d) 345 given all of the circumstances of the marriage, its economic impact on her and her need to seek to become economically self-sufficient within a reasonable period of time.
In Moge v. Moge at pp. 397-8, paragraphs 103-107, McLachlin J., in a concurring judgment sets out facts that a judge should consider in determining the matter of support for a former spouse.
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