Under section 55 of the Insurance (Motor Vehicle) Act (reproduced in the Reference Section of this website) courts in British Columbia may order that damages be paid to a plaintiff on a periodic basis rather than by lump sum. At times the court must consider whether a lump sum or a structure is in the plaintiff’s best interest. The following criteria are thought to be primary considerations in deciding whether or not to order structured periodic payments:

• Age of the plaintiff.  
• Competency of the plaintiff. 
• Whether the injuries are catastrophic. 
• Whether the plaintiff is employable. 
• The extent to which the plaintiff is self-sufficient, or requires community support in order to live. 
• Does the plaintiff require money for a specific purpose at any time now or in the future? 
• To what extent would the plaintiff be harmed if he or she dissipated their entire lump sum award? 
• Is the schedule of proposed periodic payments practicable having regard to the plaintiff’s circumstances? 
• Educational background of the plaintiff. 
• Plaintiff’s experience in handling money.