What is the test for drafting a statement of claim in a civil action?
British Columbia, Canada
The following excerpt is from Robinson v. Jacques Whitford Environment Ltd., 2004 BCSC 1424 (CanLII):
More often, these matters arise in defamation actions. In striking an embarrassing and scandalous statement of claim in Strauts v. Harrigan, [1992] B.C.J. No. 86 5 at p. 5 (S.C.), Oliver J. noted that: In drafting pleadings in civil actions a [s]olicitor should act with proper professional restraint, carefully bearing in mind the potentially irreparable damage which can be caused to the good name and professional reputation of the parties impleaded by allegations and innuendos of dishonourable conduct and moral turpitude built, not on fact, but on the shifting sands of suspicion.
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