What is the test for a trial judge to include a provision in a judgment that awards a capital sum, calculated on the basis that it will provide income stream?
British Columbia, Canada
The following excerpt is from Larocque v. Lutz, 1981 CanLII 513 (BC CA):
In my opinion, the omission of a trial judge to include such a provision in a judgment that awards a capital sum, calculated on the basis that it will provide an income stream, is an omission which this court has power to rectify and which is within the principles enunciated in Nance v. B.C. Elec. Ry., supra.
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