Is there a triable defence against liability for loss of income?
New Brunswick, Canada
The following excerpt is from McDonald v. Martin, 2013 NBQB 199 (CanLII):
Liability for the accident has been admitted, but liability for damages such as ongoing loss of income has not been admitted. This is similar to the facts in Logue v. Holt, [2004] N.B.J., wherein liability for the accident was admitted, but not for ongoing damages for loss of income. Mr. Justice Grant found that a claim for advance payment for lost wages could not be ordered because “there is a triable defence”. He stated that a further advance could “do damage to the defence”.
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