What is the test for "of more than unusual difficulty"?
British Columbia, Canada
The following excerpt is from Laidar Holdings Ltd. v Lindt & Sprungli (Canada) Inc., 2019 BCSC 83 (CanLII):
The determination is not formulaic. As the court noted in Ter Neuzen v. Korn (1991), 1991 CanLII 1662 (BC SC), 64 B.C.L.R. (2d) 125 at para. 20 (S.C.): …The cases do not give any empirical formula for determining what is and what is not "of more than unusual difficulty" or what is or what is not "of unusual difficulty." They do give some guidance but the trial judge should, or is at least expected to, recognize such a case when he hears and sees it….
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