What is the test for establishing a dominant purpose within a document?
British Columbia, Canada
The following excerpt is from Bank of Nova Scotia v. Dutta, 1984 CanLII 246 (BC CA):
While that is an important factor, the fundamental concern must always be what was the dominant purpose for the coming into being of the document. I agree completely with Taggart J.A.'s reasons for saying that the bank did not establish the dominant purpose here to come within the excerpt from Grant v. Downs. I would, therefore, allow the appeal.
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