In White v. Meiting, the Supreme Court of Newfoundland and Labrador denied a plaintiff’s application for an advance or periodic payment. In doing so, the court clarified the criteria which must be satisfied by a plaintiff who seeks an advance payment of special damages pursuant to Rule 44A of the Rules of the Supreme Court, 1986. It also considered the circumstances under which a plaintiff may be entitled to a periodic payment under section 26.2 of the Automobile Insurance Act. In its decision, the court agreed with the analysis set forth in Wade v. Bartlett.
Court Denies Plaintiff’s Application for an Advance or Periodic Payment
April 2019 Cox & Palmer, Newfoundland & Labrador