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Bourgain v. Ouellette, [2009] CANLII 27242

Court focuses on access to justice

February 6, 2009

The New Brunswick Court of Queen's Bench held that interest charged on a disbursement loan was recoverable by the plaintiff where the funding arrangement is directly between the plaintiff and a third party financier. The court referred to the Rules of Civil Procedure but seemed to rely on the broader social policy objective of access to justice to allow full recovery of the expense.

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Bourgain v. Ouellette, [2009] CANLII 27242