What is the test for drafting deficiencies in a plaintiff’s defence?
British Columbia, Canada
The following excerpt is from Sherry v. CIBC Mortgages Inc., 2016 BCCA 240 (CanLII):
It is also clear that the fact the plaintiff’s argument may be novel and require “an expansion of the law as it currently stands” may not be fatal; and that pleadings should be read generously “with a view to accommodating any inadequacies in the form of the allegations due to drafting deficiencies.” (See generally Elms v. Oliver Drabik at paras. 28-30.)
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