The latter two allegations are clearly dependent upon Ng establishing facts at complete variance with the findings of Wedge J. It is not open to Ng to advance a claim founded upon the legitimacy of the April 13, 2008 offer. Here, as in Foreman v. Niven, 2009 BCSC 1476 the plaintiff’s claim is founded on the loss of an opportunity which the court in previous proceedings found was not made out.
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