In White v. Meiting,1 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.2 In its decision, the court agreed with the
analysis set forth in Wade v. Bartlett.3
Background
The plaintiff, Eric White, was a pedestrian struck by a vehicle
operated by the defendant, Miao Meiting. White claimed to have been
seriously injured as a result of the accident.
