What is the effect of a draft writ and statement of claim?
British Columbia, Canada
The following excerpt is from Lost Lake Properties Ltd. v. Sunshine Ridge Properties Ltd., 2009 BCSC 938 (CanLII):
A draft writ and statement of claim would have identified precisely those persons Lost Lake wants to sue on behalf of Sunshine and (presumably) pleaded the material facts in respect of the claims proposed to be advanced against each of them. As illustrated, for example, by Mr. Justice Brooke’s ruling in Archibald v. Sutherland, 2006 BCSC 1641, 23 B.L.R. (4th) 188, draft pleadings can be of considerable assistance to the court in assessing whether a proposed legal proceeding is in the best interests of a company, and in separately vetting proposed claims against each proposed defendant.
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