What is the test for a judge's application of a "forthwith requirement" to a demand made by a plaintiff?
Alberta, Canada
The following excerpt is from R. v. Neitsch, 2006 ABQB 180 (CanLII):
The trial Judge’s application of the “forthwith requirement” to the circumstances surrounding the demand is a question of mixed law and fact. The applicable standard of review to this question is palpable and overriding error: Housen v. Nikolaisen at para. 36.
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