What is the test to amend a notice of family claim?
British Columbia, Canada
The following excerpt is from Han v Dorje, 2021 BCSC 939 (CanLII):
A person seeking to amend a notice of family claim must show that there is a reasonable cause of action. This is a low threshold. What the applicant needs to establish is that, if the facts pleaded are proven at trial, they would support a reasonable claim. The applicant’s allegations of fact are assumed to be true for the purposes of this analysis. Cantelon v. Wall, 2015 BCSC 813, at para. 7-8.
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