What constitutes a scandalous pleading in a personal injury case?
Manitoba, Canada
The following excerpt is from Clifford v. Her Majesty the Queen et al, 2014 MBQB 192 (CanLII):
To constitute a scandalous pleading, the language used in it must be irrelevant, argumentative, inserted for colour, constituting bare allegations, unfounded and inflammatory attacks on the integrity of a party, or speculative, and unsupported allegations of defamation. [see, for example, George v. Harris et al, [2000] O.J No. 1762 (S.C.J.) at para 20].
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