Is there any error in principle or any consideration or an irrelevant factor?

British Columbia, Canada


The following excerpt is from Cassidy v. Abbotsford Police Department, 2001 BCSC 760 (CanLII):

The appellants did not point directly to any error in principle or any consideration or an irrelevant factor, failure to consider a relevant factor, or overemphasis on some factor by the trial judge. They confined their submission to a recitation of authorities setting out the test for the granting of leave to amend to include a limitation defence. By reference to their factum and inference from the authorities to which their counsel referred I surmise the appellants are complaining the trial judge erred in principle when she allowed an amendment to plead a limitation defence that put the plaintiff "in an unfair position" without sufficient evidence "to support the means of knowledge test." (van Halderen v. Campney & Murphy, 2000 BCCA 234)

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