What is the test of hindsight and erred in law?
British Columbia, Canada
The following excerpt is from Ruckheim v. Robinson, 1995 CanLII 337 (BC CA):
10 It was the submission of the appellants that in coming to a contrary conclusion, the learned judge had applied a test of hindsight rather than one of foresight and erred in law. Counsel cited Philippott v. Murphy, [1987] B.C.D. Civ. 3108-5, in support of this argument.
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