Can a plaintiff plead breach, breach and equity concurrently?
Ontario, Canada
The following excerpt is from Standard Trust Company v. Metropolitan Trust Company of Canada, 2006 CanLII 589 (ON SC):
One can plead a breach of contract, a tort and equity concurrently provided the tort or equity is not being used to avoid a contractual provision. See Central Trust v. Rafuse, 1986 CanLII 29 (SCC), [1986] 2 S.C.R. 147 at para. 51. Here the plaintiffs may plead in equity and thus may be able to avoid concepts of remoteness, intervening cause and foreseeability.
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