What is the relevant test for determining whether a plaintiff has a "robust attitude" to a plaintiff?
British Columbia, Canada
The following excerpt is from Seymour v. ICBC, 2007 BCCA 576 (CanLII):
However, in so doing, he clearly erred in his statement of the applicable law. He referred to the decision of this Court in Wong v. Wong, BCCA 2006 540. He did not deal with the test set out by the majority in that decision. Instead, he referred to a “robust attitude” test proposed by Madam Justice Saunders, who, although she concurred in the result in Wong v. Wong, dissented with respect to the appropriate test.
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