Does a novel claim constitute complexity beyond ordinary difficulty?
British Columbia, Canada
The following excerpt is from Snaw-Naw-As First Nation v Attorney General of Canada, 2020 BCSC 1967 (CanLII):
The case did not involve multiple issues, claims or parties, nor the assessment of complex technical or scientific evidence or competing scientific theories, nor competing expert evidence. While there was a lack of judicial authority that in itself does not mean a matter is of more than ordinary difficulty. A novel claim does not necessarily indicate complexity beyond ordinary difficulty (Stewart v. Lloyd’s Underwriters, 2020 BCSC 669 at para. 64.)
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