How is a claim for uniqueness determined?
British Columbia, Canada
The following excerpt is from 0771252 B.C. Ltd. v. 0764735 B.C. Ltd., 2012 BCSC 2039 (CanLII):
A determination of uniqueness can be based on both objective factors and the plaintiff's objective considerations: see Taberner v. Ernest & Twins Development Inc., 2001 BCSC 367 at para. 4.
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