Is there any case law supporting the generality of a statement of counsel's opinion?
British Columbia, Canada
The following excerpt is from Matheny v. British Columbia Transit Corp., 1997 CanLII 4184 (BC SC):
Again, no evidence, i.e. facts are offered to show how and why the generality asserted (a paraphrase from Lord Diplock's speech (supra)) has application to this particular case. The averment as a statement of counsel's opinion amounts to an allegation of "prejudice at large" per Seaton J.A., which his lordship stoutly distinguished from the facts in Irving v. Irving wherein the defendant listed key witnesses who had died.
Accordingly, on the application at hand, the defendants' material offered in support of dismissal does not satisfy the burden of proof of actual prejudice or likely prejudice. In this regard, the application is distinguishable from Irving v. Irving. THE PRESUMPTION OF PREJUDICE BY DELAY SUBSEQUENT TO THE EXTINCTION OF THE LIMITATION PERIOD
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
What is the test for an expert's opinion that in law a conclusion based on an opinion not reasonably supported by facts is patently unreasonable? (British Columbia, Canada)
Is a statement containing all facts necessary to support an opinion? (British Columbia, Canada)
What is the argument that reasonable counsel ought to have encouraged the respondent to accept an offer of financial support? (British Columbia, Canada)
What is the test for a general release under which a plaintiff agrees to reduce support in exchange for receiving the proceeds of the sale of a house sale proceeds? (British Columbia, Canada)
Is there any case law that supports the argument that a radiologist will inevitably conclude that a fracture is present, based on the x-ray, and that the radiologist’s opinion is that the fracture should not have been diagnosed? (British Columbia, Canada)
How have the courts in India considered the issue of non-compensation and compensatory support for the purposes of spousal support? (British Columbia, Canada)
When counsel withdraws from a motion, does the trial judge need to question counsel as to their reasons? (British Columbia, Canada)
Is a child support agreement entered into between the parties binding the parties to child support? (British Columbia, Canada)
Does a strong medical opinion support that a recommended treatment is both reasonable and necessary? (British Columbia, Canada)
