Is the judge's interpretation of the first part of clause 3(a) supportable?
British Columbia, Canada
The following excerpt is from Dunn v. TD Canada Trust, 2017 BCCA 90 (CanLII):
The question then is only whether the judge’s interpretation of the first part of clause 3(a) is supportable given the rule in Howe v. Lord Dartmouth, and the purpose it is now accepted the first part of the clause served in negating its application. In my respectful view it cannot for several reasons.
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