Is Section 35(2) of the Rules of Civil Procedure requiring a plaintiff to read disjunctively?
British Columbia, Canada
The following excerpt is from Grenier v. Elliott, 2007 BCSC 598 (CanLII):
Section 35(2) is to be read disjunctively. Thus, the plaintiff need only meet the requirements of paragraph (b) or paragraph (d) before the court can exercise its discretion: Knight v. Stapleton (1985), 1985 CanLII 485 (BC CA), 63 B.C.L.R. 394, at para. 5 (C.A.).
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