The defendants rely on Germain v. Kapchinshy, 2006 BCSC 530, to support their position that the initial deposit falls within the scope of clause 10 and was required to be paid by certified cheque or bank draft. While that argument was accepted in Germain, the case is clearly distinguishable on its facts. As stated by Barrow J. at paras. 8-10 and 26-27:
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