What are the allegations in a reply to the amended statement of defence?

British Columbia, Canada


The following excerpt is from Young v. Lort, 2007 BCSC 1152 (CanLII):

In their reply to the defendants' amended statement of defence, the plaintiffs plead, among other things, that the notice to end a residential tenancy was fraudulent; that false evidence was submitted to the arbitration hearing, and the award of 29 August 2002 was obtained by fraud; that the decision in Young v. Saanich Police "was obtained in fraud, as false evidence was submitted at the hearing, and was tainted by the fraud perpetrated at the arbitration hearing"; the appeal proceedings were tainted by the fraud perpetrated at the arbitration hearing and at the hearing of the petition; and, that the doctrine of res judicata or issue estoppel "are inapplicable when a party was not a party to earlier proceedings, when the earlier proceedings are tainted by fraud, or when there is new, previously unavailable, evidence".

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