What are the conditions that must be met by the court to exercise the right to exercise a personal injury right?
British Columbia, Canada
The following excerpt is from Passero v. Cupo, 2010 BCSC 1667 (CanLII):
The items enumerated are not conditions that must be satisfied by an applicant. They are simply relevant factors to be considered by the court when exercising its discretion. (H.M.T.Q. in Right of the Province of British Columbia v. Ismail, 2007 BCCA 55, 235 B.C.A.C. 299 at para 11).
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