Does the amendment to the BC Bill to allege gross negligence need to be amended?

British Columbia, Canada


The following excerpt is from Lapshinoff v Wray, 2018 BCSC 2315 (CanLII):

In respect of the amendment to allege gross negligence, this would not be statute barred in the circumstances of this case because the amendment to expressly claim gross negligence was not strictly necessary: Bains v. Green, 2012 BCSC 1733 at para. 46, following Bukmeier v. Creyke, [1998] B.C.J. No. 1319, 19 C.P.C. (4th) 31.

Other Questions


What is the test for establishing causation between a party alleging negligence and a plaintiff alleging negligence? (British Columbia, Canada)
How has the law of negligence been distinguished between negligence and negligence? (British Columbia, Canada)
Can a party amend their pleadings to add new claims based on new factual allegations? (British Columbia, Canada)
What is the difference between allegations of "subbing up" and a meeting in January 2008 and allegations of sexual harassment in October 2007? (British Columbia, Canada)
What are the allegations in a reply to the amended statement of defence? (British Columbia, Canada)
What is the difference between allegations of sexual harassment and allegations of discrimination dating back more than a decade? (British Columbia, Canada)
Is the grossly unfair test for determining whether a person can be found guilty of a gross negligence offence? (British Columbia, Canada)
What is the meaning of “gross negligence” and “wilful misconduct” in Canadian law? (British Columbia, Canada)
Is there any need to amend or amend the pleadings of defendants in nuisance or trespass cases? (British Columbia, Canada)
In what circumstances will a realtor be found guilty of negligence in relation to an allegation that the realtor or the selling realtor failed to conduct a proper and proper investigation before the sale of the property? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.