What is the test for a "reasonably contemplated" action?

British Columbia, Canada


The following excerpt is from Keefer Laundry Ltd. v. Pellerin Milnor Corp. et al., 2006 BCSC 1180 (CanLII):

The first requirement will not usually be difficult to meet. Litigation can be said to be reasonably contemplated when a reasonable person, with the same knowledge of the situation as one or both of the parties, would find it unlikely that the dispute will be resolved without it. (Hamalainen v. Sippola, supra.)

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