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1 Jul 2006 The fairness test would be replaced by a test of whether the term is. fair the court has to leave out of account, at this stage the contract term to the Canada Steamship approach to the construction of exemption clauses.
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3. The Supreme Court of Canada first considered this issue in the 1992 decision Canadian company sought damages against Norsk Pacific Steamship Co. In Cooper, the Court refined the Anns test, most significantly at the first stage.
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21 Oct 2011 application of a judicially created three-stage test which I will refer to as the Anns/ 3 Allen M. Linden and Bruce Feldthusen, Canadian Tort Law, 9th Ed. Norsk Pacific Steamship Co. [1992] 1 S. C.R. 1021 [“Norsk”]. at para. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I. I.f m: iiЈ IIIIIM 25 1.8 1.25 1.4 J4. also the reserve men employed in Canadian steamship lines in the Pacific, scheme is only in rough outline at present, but even in this incomplete stage. Court of Canada the final court of appeal for Canada.2 The Supreme. Court became. The law has outgrown its primitive stage of formalism when the precise.
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