British Columbia, Canada
The following excerpt is from Miller v. Budzinski et al, 2004 BCSC 1730 (CanLII):
The following analysis articulated by Mr. Justice MacDonald in Dudas v. Munro, (12 April 1997) Vancouver C908043 (B.C.S.C.), [1997] B.C.J. No. 774, at page 3 is also helpful in understanding the legal principles to be applied in cases such as this one:
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