What is the test for a motion seeking leave to seek damages for loss or injury?
British Columbia, Canada
The following excerpt is from Netlink Computer Inc. (Re), 2018 BCSC 2309 (CanLII):
Leave should not be granted if damages are de minimis: Down v. Arthur Andersen Inc., 2003 BCSC 1286 at para. 24. The evidence does not support a factual basis for the assertion of loss or injury, nor that the damages are more than de minimis.
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