Does section 452 of the Criminal Code of Ontario contain an exception in subsection (2) of the Code of Civil Procedure, or does the caveat in subsection 452 apply?
California, United States of America
The following excerpt is from Fish v. Los Angeles Dodgers Baseball Club, 128 Cal.Rptr. 807, 56 Cal.App.3d 620 (Cal. App. 1976):
At the time Stewart v. Cox was decided, section 452 did not contain the exception now stated in subsection (2) thereof. Apparently, the caveat expressed in subsection (2) was stated as the result of the existence of authorities in various jurisdictions in which, under exceptional circumstances, the general principle had been found inapplicable. As stated in comment 'd' to subsection (2):
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