What are the principles used to determine a question at bar?

British Columbia, Canada


The following excerpt is from C.F.M. v G.L.M, 2018 BCSC 815 (CanLII):

In Dey v. Blackett, 2018 BCSC 244 at paras. 192-196, Schultes J. provided the following overview of the principles to be borne in mind in determining the question at bar:

The determination of whether a relationship was marriage-like requires a “holistic approach”, in which all of the relevant factors are considered and weighed, but none of them are treated as being determinative of the question: Austin v. Goerz, 2007 BCCA 586 at paras. 58 and 62.

Other Questions


What are the principles used by courts to determine damages in a tort action? (British Columbia, Canada)
How is the length of delay determined in determining a claim? (British Columbia, Canada)
What are the principles of the unjust factor in determining special costs? (British Columbia, Canada)
What are the general principles that must be considered when determining excluded property claims? (British Columbia, Canada)
Can the presumption of equitable principles be displaced by equitable principles? (British Columbia, Canada)
What are the relevant factors for determining whether either of two possible jurisdictions would be suitable for the determination of issues raised by the litigation at issue? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
What is the threshold question for determining whether an application is moot? (British Columbia, Canada)
What are the issues to be determined on an application for summary determination under Rule 18A? (British Columbia, Canada)
What are the principles set out in Houghton v.Houghton and what are the implications of the principles in the case law? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.