What is the test for compliance with R. 37 of the Canadian Human Rights Code?
British Columbia, Canada
The following excerpt is from Laflamme v. Forrest, 2000 BCSC 617 (CanLII):
In Morck v. Soragnese (1994), 87 B.C.L.R. (2d) 263 (B.C.S.C.) Mr. Justice Vickers stated, at para 25: The test of whether there has been compliance [with the requirements of R. 37] lies in the answers to two simple questions. Could the person receiving the offer have been in any doubt as to its terms? If so, was there a burden on that person to clarify its terms prior to acceptance?
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