What is the test for obtaining a review order in a personal injury case?

British Columbia, Canada


The following excerpt is from M.C.D. v D.A.D., 2017 BCSC 1832 (CanLII):

The Court of Appeal in Armstrong v. Armstrong, 2012 BCCA 166 at para. 71 affirmed that “review orders play a very limited role and are restricted to situations where there is genuine uncertainty about the effect of the breakdown of the marriage will have on the future economic circumstances of the parties”. While I acknowledge the forecasting of future events in relation to the economic circumstances of separated spouses always entails some uncertainty, I am persuaded that, in the circumstances of this case, such a degree of genuine and material uncertainty exists such that a review order is justified.

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