What is the test for determining if a plaintiff has a valid claim against a railway company?

Saskatchewan, Canada


The following excerpt is from Montreal Trust Co. v. Williston Wildcatters Corp., 2003 SKQB 360 (CanLII):

It will be noted that here also the court focussed on the circumstances as at the commencement of the action as was done in Rex v. Canadian Pacific Railway, supra.

Other Questions


What is the test for determining whether a plaintiff has discovered the facts of a claim? (Saskatchewan, Canada)
Is a plaintiff entitled to a jury's opinion upon any reasonable excuse given by a railway company to look out for the approach of a train? (Saskatchewan, Canada)
Is a railway company's property a part of, or used in, the railway system? (Saskatchewan, Canada)
In what circumstances will a plaintiff be permitted to amend his statement of claim to include an amendment to the original claim? (Saskatchewan, Canada)
What is the difference between a plaintiff and plaintiff in a motor vehicle accident claim for medical attention? (Saskatchewan, Canada)
Is a male plaintiff of a quit-claim deed and lease valid? (Saskatchewan, Canada)
What is the test for striking part of a plaintiff’s statement of claim? (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)
Is there any case law in which a plaintiff can claim set-off for costs of repair, replacement and loss of business opportunity? (Saskatchewan, Canada)
In what circumstances will a plaintiff be indemnified for any damage caused to a plaintiff’s storage facility by a lighter man? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.