What is the test for the use of the 'H' clause in a personal injury claim?
Alberta, Canada
The following excerpt is from Beenham v. Rigel Oil & Gas Ltd., 1998 ABQB 1043 (CanLII):
[82] The clause must be strictly construed against the party whom it benefits: Bauer v. Bank of Montreal ( 1980 ), 1980 CanLII 12 (SCC), 110 D.L.R. (3d) 424 at 428 (S.C.C.).
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