What is the test for fundamental breach of the BCSC?
British Columbia, Canada
The following excerpt is from KCC 264 Holdings Inc. v. Circadian (Atkins 2010) GP Ltd., 2014 BCSC 1183 (CanLII):
Turning to the defendant’s actual claim, I find that there is sufficient evidence provided to decide this issue. In Stearman v. Powers (c.o.b. Walkabout Casual Wear), 2013 BCSC 1160, the court summarized the concept of fundamental breach as follows:
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