What is the test for attaching an attachment in a personal injury claim?
British Columbia, Canada
The following excerpt is from Stovicek (Estate of) v. Napier International Technologies Inc., 1995 CanLII 2251 (BC SC):
6 It is submitted that the plaintiff, having failed to adhere to the Act and Rules, has shown itself oblivious to the unique nature of this "extraordinary process". Attachment is only available where a sum certain or liquidated amount can be clearly identified or at least "arrived at by simple mathematical calculations based upon a certainty" (Byrne v. Vranchaert et al (1990) 32 C.C.E.L. 58, at p. 61).
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