In a recent case from the Alberta Court of Queen's Bench,
the Court considered an application for advance payments under
section 5.6(3) of the Fair Practices Regulation and
established important principles regarding the test for receiving
such payments. In order to be successful in an application for
advance payments under section 5.6(3) of the Fair Practices
Regulation, a plaintiff must show that as a result of his or
her injuries, they are unable to meet the necessities of life or
that the payment is otherwise appropriate.
In Patel v Certas Direct Insurance Company, 2020 ABQB
426, the plaintiff was involved in a car accident on August 10,
2017. The defendant insurer, Certas Direct Insurance Company,
admitted liability for the accident but disputed the scale of the
plaintiff's alleged damages and that there was insufficient
evidence to establish financial need.
