In what circumstances will the courts find that a claim against Guaranty Trust Co. of Canada is invalid?
British Columbia, Canada
The following excerpt is from South Coast British Columbia Transportation Authority v BMT Fleet Technology Ltd., 2017 BCSC 1683 (CanLII):
In Berry Estate v. Guaranty Trust Co. of Canada, 1980 CanLII 52 (SCC), [1980] 2 S.C.R. 931, Estey J. stated at 954: If on policy we adopt structured, invariable rules which frequently lead to harsh results for no demonstrated purpose, the effectiveness and the quality of judicial service is inevitably impaired. If the courts have here a free choice between these alternative dispositions of the claim, there is no doubt in my mind that fairness, justice and judicial administration all favour the conclusion of irregularity and not nullity. …
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