What is the effect of requiring payment to a defendant in a personal injury case?
Saskatchewan, Canada
The following excerpt is from Bank of Montreal v. Herrmann, 1974 CanLII 916 (SK QB):
During the course of argument, I asked the defendant’s counsel whether his client was able to pay the amount of the judgment into court. I felt that if he was not able to make payment of that amount then I should consider doing what Thomson J. did in Sales v. Sereda, supra, namely, allow the judgment and execution to stand pending the trial instead of requiring payment. I was assured by the defendant’s counsel that the defendant had the money to make payment into court.
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