What is the impact of the pleadings on the outcome of the trial?
New Brunswick, Canada
The following excerpt is from Access Credit Leasing Inc. v. Beverley Jardine et al, 2019 NBQB 159 (CanLII):
The comments of Drapeau C.J.N.B. are equally applicable here where he noted in Parlee v. McFarlane (1999), 210 N.B.R. (2d) 284, [1999] N.B.J. No. 88 (QL), at para 33 : The importance of pleadings cannot be underemphasized. They define the issues not only for the parties, but for the judge as well. Indeed, I cannot fathom a situation where a trial judge could properly decide the case before him or her on a basis not raised in the pleadings or at trial. DISPOSITION
"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
What is the impact of expert opinion on a trial judge's gatekeeping role? (New Brunswick, Canada)
What is the impact of a father’s actions at a child support hearing on access? (New Brunswick, Canada)
What is the legal test for removing an accused from a trial? (New Brunswick, Canada)
What is the case law of the law of waters in this province and what is the impact of the courts in other states on the issue? (New Brunswick, Canada)
What is the impact of a motor vehicle accident on the employment of a plumber? (New Brunswick, Canada)
What is the test for establishing that the evidence presented at trial was reasonable diligence? (New Brunswick, Canada)
What is the relevance of the evidence at trial for possession of stolen property? (New Brunswick, Canada)
What is the test for a motion of motion of no confidence in pleading? (New Brunswick, Canada)
What is the standard of conduct of an attesting officer in giving evidence at a criminal trial? (New Brunswick, Canada)
What is the test for determining whether an amended pleading contains allegations which fall within the insuring agreement? (New Brunswick, Canada)
