What is the test for an application under R. 19(24) of the Criminal Code?
British Columbia, Canada
The following excerpt is from Parmar v. Blenz The Canadian Coffee Company Ltd., 2007 BCSC 1190 (CanLII):
With respect to an application under R. 19(24) the court must proceed on the assumption that the facts pleaded are true (Hunt v. Carey Canada, Inc., supra), and for an applicant to succeed it must be plain and obvious that the impugned pleadings offend the subrules in R. 19(24), and the court must not weigh the evidence or closely examine the affidavits, and in fact, must give the benefit of any doubt to the plaintiff.
"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
What is the effect of s. 52(1) of the Criminal Code of Canada's Criminal Code when a court issues a declaration of invalidity? (British Columbia, Canada)
Is section 507 of the Criminal Code applicable to summary conviction proceedings such as these? (British Columbia, Canada)
Is section 258 of the Criminal Code applicable to a review of an administrative driving ban? (British Columbia, Canada)
Is s. 490(15) of the Criminal Code applicable to searches conducted on private property? (British Columbia, Canada)
What is the legal test to dismiss an application under s.25(6) of the Criminal Code of Scotland for want of prosecution? (British Columbia, Canada)
What is the test for dismissing an application under s.25(6) of the Criminal Code for want of prosecution? (British Columbia, Canada)
What is the effect of the seizure of a property by the Crown under section 462.34(4) of the Criminal Code of Canada for an alleged criminal enterprise crime offence? (British Columbia, Canada)
What recourse does an appellant have to surrender to serve the sentence imposed for a criminal offence under the Criminal Code? (British Columbia, Canada)
Is the entirety of s. 32(1) of the Canadian Criminal Code applicable if evidence was gathered in Canada? (British Columbia, Canada)
Can a court order costs against a petitioner who is unsuccessful in his application for a review of a police officer's decision to prohibit him from driving for 24 hours pursuant to section 215(3) of the Criminal Code? (British Columbia, Canada)
