What is the evidence that supports the Statement of Claim?
Alberta, Canada
The following excerpt is from Mac's Convenience Stores Inc. v. 1144317 Alberta Ltd., 2013 ABQB 138 (CanLII):
Mac’s has tendered evidence that casts doubt on these allegations. On the basis of their evidence we can conclude (at the very least) that the facts pleaded in the Statement of Claim are overstated. But this is a characteristic of most pleadings and it does not amount to a Significant Deficiency contemplated by Rule 3.68. The inconsistencies in the evidence also suggest that credibility will be an issue. Clashing evidence and issues of credibility are barriers to striking out under Rule 3.68, at least to the extent that they suggest triable issues. Donaldson v. Farrell, 2011 ABQB 11 per Graesser J. is instructive.
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