What is the effect of inadmissible evidence on a return of fees claim?
British Columbia, Canada
The following excerpt is from EY Holdings Ltd. v. Great Pacific Mortgage & Investments Ltd., 2017 BCCA 405 (CanLII):
The appellants object to the reliance to any degree on the inadmissible evidence, but the primary issue on this appeal is whether the rule in Foss v. Harbottle is an absolute bar to the mismanagement and return of fees claims.
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