What is the test for making a plaintiff's alternative relief?
British Columbia, Canada
The following excerpt is from Saunders v. Multi Builders Ltd., 1981 CanLII 768 (BC SC):
The case is cited in 15 Hals (3d) at p. 173 for the following principle: Where a plaintiff merely claims alternative reliefs the general rule is that he can elect at the trial for which he will ask (Farrant v. Oliver (1922), 91 L.J. Ch. 758), but he may have made a prior election, for example, by his pleadings, from which he will not be permitted thereafter to depart.
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