What is the difference between dogged pursuit of a very dubious claim and determined exploration of a legitimate theory of liability?

British Columbia, Canada


The following excerpt is from Oler v Wheeler, 2018 BCSC 664 (CanLII):

Counsel noted the line between the dogged pursuit of a very dubious claim and the determined exploration of a legitimate but ultimately unsuccessful theory of liability is not always clear-cut referring to Burnett v. Moir, 2012 BCSC 1286 where the plaintiff’s motor vehicle case was dismissed on the issue of liability.

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