What is the "value survived basis" approach used by the courts on an appeal?
Ontario, Canada
The following excerpt is from Cloutier v. Francis, 2011 ONSC 5550 (CanLII):
As Cromwell J. observed, both these approaches had been used by appellate courts in the past. The “value survived basis” was the approach chosen by Blishen J. at the trial level in the case of Vanasse v. Seguin on appeal before him and the approach that Cromwell J. upheld as being appropriate on the facts before Blishen J.
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