What is the test for pleading a material fact in a cause of action?

British Columbia, Canada


The following excerpt is from Cantlie v. Canadian Heating Products Inc., 2017 BCSC 286 (CanLII):

The principles to be applied in determining whether pleadings support a cause of action were reviewed in Endean at 165. I summarize them here: (1) All allegations of fact, unless patently ridiculous or incapable of proof, must be accepted as proved; (2) It must be plain and obvious beyond doubt that the plaintiffs could not succeed; (3) The novelty of the cause of action will not militate against the plaintiffs; and (4) The statement of claim must be read as generously as possible, with a view to accommodating any drafting deficiencies. 63 I do not see this summary as providing support for the proposition that a failure to plead a material fact, necessary to state a complete cause of action, is something that can be overlooked, or for the proposition that, in the absence of a pleading of a material fact, the court will "infer" what it not there. The causes of action advanced by the plaintiff here — breach of privacy and claims under the BPA — are not novel causes of action. There is considerable guidance in the case law relating to what must be pleaded and proved. The consequence of failing to plead a material fact, necessary to state a complete cause of action, is that no reasonable claim has been pleaded: see Young v. Borzoni, at para. 20.

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