Is the grossly unfair test for determining whether a person can be found guilty of a gross negligence offence?
British Columbia, Canada
The following excerpt is from J.L.P. v. S.D.H., 2015 BCPC 378 (CanLII):
Our British Columbia Court of Appeal in Semancik v. Saunders, 2011 BCCA 264, at Paragraph 25 examined the grossly unfair test and said as follows:
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