What is the test for determining whether a claim can be proven in circumstances where the claim is not an objective test?
Alberta, Canada
The following excerpt is from Rocklake Enterprises Ltd. v. Timberjack Inc., 2001 ABCA 191 (CanLII):
Besides, those authorities which call for an objective test and ask what the reasonable reader of the statement of claim would realize, emphasize that that must be done without further inquiry: Davies v. Elsby, supra, at p. 676 (All E.R.)
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