In Taylor v. Hoskin, 2006 BCCA 39, the court affirmed that the principles from Vineberg continue to be relevant to the interpretation and application of s. 36(2): paras. 50-53. The principles are to be applied in the context of the words and intent of that section. The court expressly held that the more restrictive approach cited in Gay, as adopted by many later British Columbia authorities, including those cited above, is to be rejected in favour of a “broad, equitable approach” to the application of the Act: para. 53.
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