Does a learned chambers judge erred in holding that in law can not be determined prior to trial by law?
Saskatchewan, Canada
The following excerpt is from Gladstone Petroleum Ltd. v. Husky Oil (Alberta) Ltd., 1968 CanLII 521 (SK CA):
Counsel for the respondent also argued that the learned chambers judge erred in holding that the questions numbered 1, parts (1) to (8) inclusive, 4, 5 and 6, were such that in law could not be determined prior to trial and that he misinterpreted Bollinger v. Costa Brava Wine Co. [1960] Ch 262, [1959] 3 WLR 966, [1959] 3 All ER 800, on which the respondent relied.
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