25 Nov 2008
CULVERDEN RETIREMENT VILLAGE LIMITED V HILL HC AK CIV 2008-404-5281
- Citation
- openlaw-cf775dd2_2304_4a74_8596_26e93ca3cd2a.pdf
- Court
- High Court
The strike out application was dismissed because implication of a duty of good faith into the contractual framework governing the option was an arguable cause of action in a developing area of law, the pleaded claim was not clearly untenable as a matter of law, and statutory provisions relied on by the appellant did not render the claim unarguable; the discovery orders were modified and confirmed in part as relevant to the pleaded campaign allegation.