What is the test for extending the period for review of a personal injury settlement?
British Columbia, Canada
The following excerpt is from J.A. v J.A.E., 2004 BCSC 739 (CanLII):
The decision in Shanahan v. Unwin (1985), B.C.J. No 2791, cited by counsel for the petitioner held that the right to apply to extend the period for review was new legislation and could apply to settlements entered into some 14 years previous. The court found that the legislation did not act retrospectively (changing the future effect of past situations) but created a new right for application.
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