What is the impact of the word “wilful” or “deliberate” in the analysis of Miracle Feeds?

British Columbia, Canada


The following excerpt is from Pasanen v Pasanen Estate, 2021 BCSC 950 (CanLII):

In considering this branch of the Miracle Feeds analysis, it must be kept in mind that “[t]he words ‘wilful’ or ‘deliberate’ used in Miracle Feeds do not include or mean unreasonable or negligent. Rather, they refer to blameworthiness”: Passero v. Cupo, 2010 BCSC 1667 at para. 26.

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