Is waiting in the weeds more egregious than active misconduct?

British Columbia, Canada


The following excerpt is from B.A.T. v. T.P.H., 2016 BCPC 373 (CanLII):

In Brown v. Kucher 2016 BCCA 267 at paragraph 31 the court held that there are different degrees of blameworthiness. It was found to be an error in law to find “waiting in the weeds” was more egregious than active misconduct. Analysis

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