What is the test for R. 9-5(1)(a) pleadings in a personal injury action?
British Columbia, Canada
The following excerpt is from Grosz v Royal Trust Corporation of Canada, 2021 BCSC 1313 (CanLII):
The purpose of R. 9-5(1)(a) is to ensure the parties and the court have a clear understanding of the nature of the claims advanced. A party pleading a particular claim must plead assertions of fact which would establish the essential elements of a successful claim if proven. Prolix, convoluted, and incomprehensible pleadings do not lend themselves to permit the parties to have a clear understanding of the claims advanced: Gill v. Canada, 2013 BCSC 1703 at para. 7.
The court is not required to assume as true wide-sweeping, inflammatory allegations of criminal conduct against the defendants. The court is entitled to subject them to “skeptical analysis” and not to assume they are true: Stephen v. HMTQ, 2008 BCSC 1656 at para. 60.
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