What is the case law on the fifth question, the interests of justice?
British Columbia, Canada
The following excerpt is from Westbank Holdings Ltd. v. Westgate Shopping Centre Ltd., 2009 BCCA 370 (CanLII):
Furthermore, I consider that the remarks of Seaton J.A. in Davies v. CIBC are apposite [at 260]: The fifth question [the interests of justice] I think it ought to be the most important as it encompasses the other four questions and states the decisive question.
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