What is the test for pleading a new ground or claim that is inconsistent with that party's previous pleading?
British Columbia, Canada
The following excerpt is from RTR Properties Ltd. v Lloyd’s Underwriters, 2017 BCSC 1117 (CanLII):
Also relevant to the parties’ submissions are SCCR 3-7(6) which prohibits a party from pleading an allegation of fact or a new ground or claim that is inconsistent with that party’s previous pleading, and SCCR 3-7(7) which allows a party to plead alternative allegations. A party may plead inconsistent but alternative claims or defences but may not first raise an alternative inconsistent claim in reply or in a defence to a counterclaim [emphasis added]: Gabbs v. Bouwhuis, 2005 BCSC 1782 at para. 24. Discussion
"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
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Can a party plead inconsistent claims in a statement of claim? (British Columbia, Canada)
Can a party plead inconsistent claims in the statement of claim and defence to a counterclaim? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
Does the testimony of a party or interested person have to be disregarded or discounted on the grounds that they have a personal or financial relationship with a party? (British Columbia, Canada)
Can a party amend their pleadings to add new claims based on new factual allegations? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Can a strata corporation add additional parties to its counterclaim and a third party claim? (British Columbia, Canada)
Can I.B.C. plead to the claim for no-fault benefits and agree that the claim should be adjourned when the issue of liability commenced? (British Columbia, Canada)
