Is Rule 37 still law in this Province?
British Columbia, Canada
The following excerpt is from Rana v. Gill, 2003 BCSC 359 (CanLII):
In the majority decision, Southin J.A. disagreed with the Chief Justice. At ¶ 153 she said: The 1993 revision to our Rule 37 is of such an order that we have had no gap since then. It is a complete code and there is no room for any judicial discretion save that given by it. Calderbank v. Calderbank should not be considered law in this Province today.
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