What are the factors used by the BCSC to determine whether to vary or set aside an order requiring a plaintiff to feed on a Miracle Feeds product?
British Columbia, Canada
The following excerpt is from Bennett v Bennett, 2021 BCSC 2337 (CanLII):
In deciding whether to vary or set aside the order, the court must also consider whether a serious miscarriage of justice would occur if it refuses to do so: Kiefer v. Kiefer, 2018 BCSC 2282 at para. 6. The Miracle Feeds factors assist the court in answering that question.
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