Skip to content

Top menu

Stuctured Settlements
Search
  • Home
  • About Us
    • Our Guarantees
  • Our Services
    • The Process
    • Pre-Settlement and Trial Preparation Services
    • Settlement, Mediation and Trial Services
    • Post-Settlement Services
    • For Lawyers
  • About Structures
    • Stuctured Settlement Features and Benefits
    • Frequently Asked Questions FAQ
  • Lawyer’s Section
    • Avoid Being Sued
    • Negotiating and Processing the Structure
    • Refund of Single Premium
    • Changes to the Stucture
    • Assignment of Liability
    • Warnings
    • What Plaintiff Counsel Should Know
    • Court Ordered Structures Under Section 55
    • Designing an Annuity to Suit a Client’s Needs
  • Reference Section
    • Glossary of Terms
    • C.C.R.A. Interpretation Bulletin IT– 365r2
    • Section 55 Insurance (Motor Vehicle) Act C. 231
    • Compare Structure vs Conventional Rates of Return
  • Search

Section 55 Insurance (Motor Vehicle) Act C. 231

Structured judgments

key

55 (1) The court must order that an award for pecuniary damages in a motor vehicle action be paid periodically, on the terms the court considers just,

(a) if the award for pecuniary damages is, after section 25 has been applied, at least $100 000 and the court considers it to be in the best interests of the plaintiff, or

(b) if

  • the plaintiff requests that an amount be included in the award to compensate for income tax payable on income from investment of the award, and
  • the court considers that the order, that the award be paid periodically, is not contrary to the best interests of the plaintiff.

(2) Despite subsection (1), the court must not make an order under this section

  • if one or more of the parties in respect of whom the order would be made satisfies the court that those parties do not have sufficient means to fund the order, or
  • if the court is satisfied that an order to pay the award periodically would have the effect of preventing the plaintiff or another person from obtaining full recovery for damages arising out of the accident.

(3) If the court does not make an order for periodic payments under this section, it may make an award for damages that includes an amount to offset liability for income tax on income from investment of the award.

Contact Us

Local (604) 685-8222

Toll Free (888) 669-9844

Suite 1208-808 Nelson P.O. Box 12115 Vancouver BC V6Z 2H2

For inquiries please email:

[email protected]

Pre settlement Services

Evaluation and Analysis of Clients Needs

Read more

Settlement, Mediation and Trial Services

Due Diligence and Implementation

Read more

Post-Settlement Services

Communication and Coordination of Payments

Read more

© 2025 • GeneratePress