What are some cases that have been discussed in the context of this issue?

British Columbia, Canada


The following excerpt is from Castro v. Krause, 2015 BCSC 2074 (CanLII):

A case which is closer to, but distinguishable on its facts, from the present case is Tsalamandris v. MacDonald, 2011 BCSC 1138 (varied on other grounds 2012 BCCA 239), where Madam Justice Griffin stated at paras. 232 and 235:

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