Is form rather than effect a complete answer?
Alberta, Canada
The following excerpt is from Kahlon v Cheecham, 2015 ABQB 203 (CanLII):
In Nash v. Snow, Topolniski J. held that the analysis under rule 4.33 relates to the real quality of what was done in the context of the real issues in dispute over a given period; it is not just that a process was undertaken. She considered that this analysis may “render less applicable certain cases where form rather than effect was a complete answer”: at paragraph 40.
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