The following excerpt is from Owners, Strata Plan LMS 1220 v. North Fraser Holdings Ltd., 2003 BCSC 1051 (CanLII):
Finally, Joyce J. followed Koenigsberg J. in Hung v. Gardiner, 2003 BCSC 285. It is not evident that the nature or applicability of the discretion in the circumstances was the subject of extensive submission. It is not apparent from the reasons that the court was referred to the reasons of Lowry J. in Burrardview.
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