What is the effect of multi-factorial analysis in assessing a marked departure?
British Columbia, Canada
The following excerpt is from Vlug (Re), 2018 LSBC 26 (CanLII):
The intention behind the multi-factorial approach that involves a listing of potential elements (as in Lyons, at para. 35) was addressed in the review decision of Law Society of BC v. Boles, 2016 LSBC 48, at paras. 54-57. In Boles, the all-Bencher panel emphasized a case by case approach and confirmed that no single factor is necessarily determinative to the determination of what constitutes a marked departure in any given case.
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