What are the principles governing an application under s. 35(2)(b)?
British Columbia, Canada
The following excerpt is from Tri-X Timber Corporation v. Rutherford, 2012 BCCA 71 (CanLII):
In Wallster v. Erschbamer, 2011 BCCA 27, 330 D.L.R. (4th) 204, which was decided after the chambers judge issued his decision in this case, Madam Justice Newbury summarized the general principles governing an application under s. 35(2)(b):
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