Clements (Litigation Guardian of) v. Clements, 2010 BCCA 581 – right result, bad reasons.
A sub-text to the case is the manner in which the panel used a hot-off-the press article in a law review to explain and justify its analysis and conclusion, introducing and setting up the manner in which it intended to use the article this way:
. . . [more]
 The question of when it will be appropriate to resort to the material-contribution test discussed in Resurfice Corp. has been the subject of some appellate consideration and considerable academic writing. In my view, the answer to this question