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Sender:
Lionel Smith
Date:
Thu, 29 Oct 1998 14:03:11
Re:
Mistake of Law in Canada

 

David Mullan is quite right. Although Air Canada v. BC did not properly bury mistake of law, Canadian Pacific v. BC did so. I am doubly discomfited because I myself have pointed out in the past that what was said about "passing on" in Air Canada v. BC cannot be properly understood without reference to Canadian Pacific v. BC where recovery was allowed.

Lionel


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