Is a failure to allege refusal to allege "unwillingness or refusal" demurable?

British Columbia, Canada


The following excerpt is from Gook Country Estates Ltd. v. Quesnel (City) et al, 2005 BCSC 221 (CanLII):

In the quotation from Black v. Ellis (1906), 12 O.L.R. 403 in Pask, the failure to allege “unwillingness or refusal” was referred to as something that would be held demurable “under the strict practice of olden days”.

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