What is the effect of the Court of Appeal's recent finding that a discretionary order was discretionary?
British Columbia, Canada
The following excerpt is from Strata Plan LMS 1725 v. Pacific Place Holdings Ltd., 2007 BCCA 529 (CanLII):
In considering the proposed merit of the appeal, it is significant that the impugned order was discretionary. As Mr. Justice Smith said in Strata Plan LMS 1212 v. Coquitlam (City), 2004 BCCA 500:
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