What are the Miracle Feeds factors?

British Columbia, Canada


The following excerpt is from Lee v Zhou, 2022 BCSC 172 (CanLII):

The Miracle Feeds factors are not exhaustive, and additional factors may be relevant: Andrews v. Clay, 2018 BCCA 50 at paras. 28–31. The relative strength of one or more factors may overcome the relative weakness of others: BCI at para. 3.

The terms wilful and deliberate have an established meaning in the context of seeking to set aside an order. A summary of the law on the point is found in Grosz v. Royal Trust Corporation of Canada, 2021 BCSC 1313:

The phrase “guilty of wilful delay or default” has been interpreted to mean more than just purposeful, deliberate or intentional behaviour, and carries with it a sense of blameworthiness: Zhang v. Ton, 2014 BCSC 122 at para. 29. If documents are served but a party chooses not to read them, that behaviour is consistent with wilful blindness and such conduct should not be condoned: para. 34.

Other Questions


What are the factors used by the BCSC to determine whether to vary or set aside an order requiring a plaintiff to feed on a Miracle Feeds product? (British Columbia, Canada)
What are the factors used to determine the diligence factor in determining whether to grant an application in a personal injury case? (British Columbia, Canada)
Is a collateral benefit or an independent mitigating factor a factor in determining damages for the cost of future care? (British Columbia, Canada)
When a trial judge fails to mention a relevant factor in the trial, does that mean that the relevant factor has not been considered? (British Columbia, Canada)
What is the first factor under section 16.92 of the BCCA Act, s.16.92, and what factors will the court consider in deciding a relocation application? (British Columbia, Canada)
What are the factors that determine whether a Miracle Feeder is recommended for use by the BCAA? (British Columbia, Canada)
What factors have been added to the list of factors that a plaintiff must consider in determining the severity of a motor vehicle accident? (British Columbia, Canada)
How have courts in BC considered factors relevant to the consideration of the first factor in a plaintiff's refusal to accept an offer to settle? (British Columbia, Canada)
What are the elements in Miracle Feeds? (British Columbia, Canada)
Does the court need to consider all the relevant factors before making a decision on a "checklist" of factors? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.