What is the test for the interpretation of the implied undertaking in a personal injury case?
British Columbia, Canada
The following excerpt is from Easton v. Chen, 2015 BCSC 2288 (CanLII):
The defendant also relies on Juman v. Doucette, 2008 SCC 8 at para. 35 and Joubarne v. Sandes, 2009 BCSC 1413 at paras. 20 - 26 in support of his position that the implied undertaking should, in any event, be lifted in cases such as this.
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