What is the difference between two steps of the same question analysis in the context of a claim?
British Columbia, Canada
The following excerpt is from XY, LLC v. Canadian Topsires Selection Inc., 2014 BCSC 2017 (CanLII):
As Levine J. (as she then was) stated in Genesee Enterprises v. Rached, 2001 BCSC 59 at paras. 219, 221, the first step of the same question analysis requires a review and determination as to what was actually decided in the first instance and the second step requires a review and determination of the issues in the present action.
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