What is the test for a judge sitting on a special case?

British Columbia, Canada


The following excerpt is from Chen v. West Georgia Development Limited Partnership, 2015 BCSC 1834 (CanLII):

A judge sitting on a special case cannot answer a legal question posed by the parties unless there is an agreed statement of facts and there is no ambiguity on the facts or the question: British Columbia v. Abitibi-Consolidated, 2005 BCSC 409, para. 18.

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