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.

Other Questions


Is it an abuse of process for an applicant to seek to raise allegations that were the subject of a settlement agreement? (Ontario, Canada)
What is the test to apply in determining whether a defendant should be permitted to make payments out of funds subject to a proprietary injunction? (Ontario, Canada)
Does the Kienapple principle apply to professional misconduct allegations against members of a self-regulated profession? (British Columbia, Canada)
What is the difference between allegations of reprisal and allegations of mistreating? (Ontario, Canada)
What is the test the Court will apply in determining whether a person can apply for leave of execution? (British Columbia, Canada)
What is the difference between allegations of sexual harassment and allegations of discrimination dating back more than a decade? (British Columbia, Canada)
Does a waiver of any right to apply to vary any term of the agreement between the parents apply to this court? (British Columbia, Canada)
What are the gaps in time between allegations and allegations? (British Columbia, Canada)
Can an execution creditor sell the property of his debtor subject to all such charges and equities as the same was subject to in the debtor's hands? (Newfoundland and Labrador, Canada)
Can an execution creditor only sell the property of his debtor subject to all such charges, liens and equities as the same is subject to? (Alberta, Canada)