Can a plaintiff proceed without notice of an application?
British Columbia, Canada
The following excerpt is from Bergen Properties Ltd. v Seasons Management Company Ltd., 2017 BCSC 1632 (CanLII):
The proposed defendants were not given notice of the plaintiffs’ application, despite that requirement at law: Alexis v. Duncan, 2015 BCCA 135. However, the plaintiffs submit that the application can proceed without such notice as the comments of the court in Alexis v. Duncan regarding notice are obiter and/or that authority need not be followed as a matter of stare decisis. The notice issue must be first decided before any deliberations can be had on the main application.
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