Is there any difference between the pleadings in 1981 and 1980?

British Columbia, Canada


The following excerpt is from O'Nory v. Patricia Properties Ltd., 1983 CanLII 319 (BC SC):

I have examined the pleadings in the 1980 and 1981 actions, and I am satisfied that they are identical for all practical purposes. There may be minor variations, but I am satisfied that the judgment of Fawcus J. must be taken to mean that all facts crucial to the first action have not been established, or that the court has refused to grant any relief. Alternatively, if there are any facts or causes of action in the 1981 action which were not alleged in the 1980 action then they are so closely identified with the subject-matter of the earlier litigation that they properly belong to it, and the right to assert them in support of a fresh action is precluded by the principle expressed in Henderson v. Henderson.

Other Questions


What is the test for a party to plead in a second pleading in a civil action? (British Columbia, Canada)
Is there absolute immunity for pleading, affidavit or pleading in a defamation case? (British Columbia, Canada)
Does the fact that some funds may have been transferred to the joint account of a joint account with a different bank account make up for the failure to plead or lead evidence on false statement and inducement? (British Columbia, Canada)
What is the test for an application to amend a pleading to amend the pleadings? (British Columbia, Canada)
Does the decision not to permit further amendments before striking pleadings before striking the pleadings is discretionary? (British Columbia, Canada)
What is the test for pleading a new ground or claim that is inconsistent with that party's previous pleading? (British Columbia, Canada)
Can a plaintiff plead a cause of action that may be available to other persons in different circumstances? (British Columbia, Canada)
Is a pleading that a fiduciary duty exists without more than the pleading of material facts? (British Columbia, Canada)
Is a lack of precision in a pleading sufficient to strike the pleading? (British Columbia, Canada)
What is the difference between a spousal relationship and a domestic contract? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.