How have counsel pleaded paragraph 12 and then omitted to claim therefor in paragraph 13?
Saskatchewan, Canada
The following excerpt is from Smysniuk v Stecyk, 2015 SKCA 54 (CanLII):
It is difficult to understand how counsel could have pleaded paragraph 12 and then omitted to claim therefor in paragraph 13 [i.e., the prayer for relief]. However, as the defendant is now before me, I think I am at liberty to make such order as the plaintiff appears to be entitled to upon the allegations in his statement of claim, as amended, and the evidence adduced at trial, independently of the terms of the claim for relief in the statement of claim, as amended. Vide: Merriam v. Parish (1908), 8 W.L.R. 340.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there a disconnect between the allegation of bad faith in paragraph 5 and the claim of nuisance in paragraph 6? (Saskatchewan, Canada)
What grounds are set out in the statement of claim in support of a claim for the allowance of interest? (Saskatchewan, Canada)
In what circumstances will a landlord who claims to be a tenant be able to claim as landlord of a property where the landlord is not the landlord of the tenant? (Saskatchewan, Canada)
In a personal injury action, is there any case law where a defendant admitted the allegations in the statement of claim and submitted to the relief claimed? (Saskatchewan, Canada)
What is the standard of proof required for a claim to be successful in an insurance claim? (Saskatchewan, Canada)
Does the Hedley Byrne principle apply to a claim where the claim is based on expert testimony? (Saskatchewan, Canada)
What is the standard of proof required to sustain a claim of suicide in a life insurance claim? (Saskatchewan, Canada)
Does the Minister of Health and Social Care have any basis to strike the Statement of Claim in the context of bad faith allegations in paragraph 5 and the rule in Rylands v Fletcher? (Saskatchewan, Canada)
What is the test for claiming unjust enrichment in the context of a claim made by Alice against her former partner in her name? (Saskatchewan, Canada)
What is the test for pleading in a criminal pleading? (Saskatchewan, Canada)
