Does the subject rule apply to allegations of wrongdoing?
British Columbia, Canada
The following excerpt is from Seattle Environmental Consulting Ltd. v. Workers’ Compensation Board of British Columbia, 2016 BCSC 557 (CanLII):
The approach to the application of the subject rule is to take the material facts pleaded as true. However, this does not mean that allegations based upon assumption and speculation must be taken as true. Such allegations may be subject to a skeptical analysis: Willow v. Chong, 2013 BCSC 1083 at para. 19. Bare allegations of wrongdoing, supported only by assumptions and speculation, are not material facts that support a claim.
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