In what circumstances will the Court allow the Court to amend the Rules of Civil Procedure to allow the Courts to use the functional approach?
Alberta, Canada
The following excerpt is from Davidson Partners Ltd. v. Del Rio International, 1995 CanLII 9015 (AB QB):
In the event that the functional approach is not the correct approach, I would allow the amendments on the basis that there are special circumstances in this case, such that it falls within the Basarsky v. Quinlan rationale. These special circumstances would include all those listed above.
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