What is the test for granting relief from forfeiture under s. 10 of the Criminal Code Act?
British Columbia, Canada
The following excerpt is from Hua v. Optimum West Insurance Co., 2005 BCCA 123 (CanLII):
In summary, I am of the view that the trial judge did not err in finding that this was a case of imperfect compliance and that the other conditions for granting relief under s. 10 of the Act, as set out in Petersen v. Bannon, supra, were met. V. Ground Three: Did the trial judge err in granting the respondent relief from forfeiture under the provisions of s. 10?
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