Let's agree that the second and third
bulleted points in para. 100 are an accurate statement of what Canadian common law was
between the time of the release of the SCC's reasons in Athey, in 1997, and the release of the SCC's reasons in Resurfice Corp. v. Hanke, [2007] 1 SCR 333, 2007 SCC 7 in February 2007.