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Ken McEwan and Saheli Sodhi successful at Court of Appeal

In Oswald v. Start Up SRL, 2021 BCCA 352, Ken and Saheli successfully argued that the trial judge correctly stated and applied the test for contract formation and that no extricable legal error arose, and further, that the trial judge made no palpable or overriding error in his findings of fact. In dismissing the appeal, the Court of Appeal found that the trial judge made no extricable legal error and noted the importance of appellate courts exercising caution in considering whether an alleged error is truly extricable. The full reasons of the Court of Appeal can be found here, and the trial decision can be found here.

 

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