Can a plaintiff in a personal injury action obtain funds of a surety which had been paid into court and have to be paid to the bank?
British Columbia, Canada
The following excerpt is from Agnes & Jennie Mining Company Ltd. v. Zen, 1983 CanLII 620 (BC SC):
It was argued by counsel for Zen that the order in Gray v. Cameron, 1950 CanLII 329 (SCC), [1950] S.C.R. 501, [1950] 2 D.L.R. 657, which I have applied in the case at bar, did not permit the plaintiff to take funds of the surety which had been paid into court and pay them to the bank. Rather, in that case the funds were required to be paid into court and await payment out sought by the bank.
Although I have found the reasoning in Gray v. Cameron of great assistance, I am not bound to follow the precise provisions of the order made in that case. In my opinion the plaintiff is entitled to have Zen perform his obligations to release it from its guarantee to the bank forthwith.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a plaintiff’s personal injury fund available for use in a personal injury litigation deduction? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
In a personal injury action, can a plaintiff recover large amounts of personal injury damages from a vocational consultant? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
If historical driving records are relevant in personal injury actions, would they be relevant in a personal injury action? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
Is a party to a personal injury action entitled to production of a party’s personal injury report? (British Columbia, Canada)
Can a plaintiff in a personal injury action obtain costs from a private legal aid scheme? (British Columbia, Canada)
Can a defendant in a personal injury action make use of a medical report and clinical report obtained from an earlier and by then settled wrongful dismissal action? (British Columbia, Canada)
What is the legal basis upon which a plaintiff has made her submissions in a personal injury action against the Bank of Canada? (British Columbia, Canada)
