Read this endorsement released today by the Ontario Court of Appeal.
Para.  sent me searching.
The background to  is here.
Read the first 6 paras., and para. 24, in the 13th case in the chronological listing. It’s 2008 CanLII 27483. I’ve chosen to not link to it.
Perhaps this case – and similar others which some of us have been on the wrong side of – is some answer to the question posed here.
When you see the list, and read the case, you might get an idea why I’ve framed this posting the way I have.