Is there any case law that supports the argument that "balance" must be considered in the context of the application?
British Columbia, Canada
The following excerpt is from Prendeville v. Sanghera et al, 2004 BCSC 1117 (CanLII):
In my view Master Powers’ decision in Mattis is applicable to the application before me. It also accords with the discussion of “balance” undertaken by Mr. Justice Aikins in Bates v. Stubbs (supra).
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