What is the test for establishing that a party has a consistent and consistent pattern of conduct?
Alberta, Canada
The following excerpt is from Canadian Natural Resources Limited v Bysterveld, 2016 ABSRB 883 (CanLII):
Subject to there being cogent reasons to depart from a pattern of dealings established by the evidence, the courts have repeatedly stated that great weight should be placed on the pattern (for example see Livingston v. Siebens Oil & Gas Ltd.[3]).
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