What is the test for discretion of the court when it is asked whether a plaintiff has a claim for damages arising from a contingency which has not yet been settled?
British Columbia, Canada
The following excerpt is from De la Giraudais v. Louis De la Giroday Trust, 1998 CanLII 2052 (BC SC):
In Coffey v. Van Der Horn, [1994] 4 E.T.R. (2d) 50 at 57, the court referred to Halsbury Laws of England, 4th ed., VOL 50 (1984), para. 377, pp. 218-219 and the proposition that it is a matter of discretion for the court whether it should answer questions arising on a contingency which has not yet happened. Normally, the court will not do so unless some good cause is shown.
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