Interim payment of special damages
265.6(1)At any time after an action for damages arising out of an accident is commenced, the plaintiff may apply to a judge of the court for an order requiring the defendant to make an advance payment of special damages.
265.6(2)The judge may make an order under subsection (1) on any terms he or she thinks appropriate, if the judge is satisfied that the plaintiff will prove that the defendant is liable for those damages.
265.6(3)The judge may order that payment under subsection (1) be made by lump sum, by instalment or by a combination of both.
265.6(4)In calculating the amount of an advance payment, the judge may take into account any circumstances he or she considers relevant including
(a)
the amount of special damages already incurred or likely to be incurred before judgment by the plaintiff,
(b)
the amount, if any, counterclaimed by the defendant,
(c)
the extent, if any, to which the plaintiff may be found to be contributorily negligent,
(d)
any failure by the plaintiff to mitigate the amount of special damages, and
(e)
the needs and resources of the plaintiff and the means of the defendant.
265.6(5)This section applies only to accidents occurring on or after the commencement of this section.
1996, c.55, s.2; 2023, c.17, s.114