Does the statement of facts in the Notice of Claim constitute a criminal offence?
British Columbia, Canada
The following excerpt is from Watamaniuk v Government of Canada, 2017 BCSC 2052 (CanLII):
Counsel submitted the statement of facts in the Notice of Claim was prolix, incoherent, and a collection of conclusory statements of alleged criminal offences. Counsel pointed out that the Criminal Code definitions of criminal offences do not create civil claims, and on that basis, the claims should be struck: see D.L.H v. M.J.M., 2011 BCSC 1228 at para. 63.
Even the paragraphs that might suggest a battery still lack material elements and factual content as to make the allegation meaningless: Latkin v. Vancouver (City), 2013 BCSC 2270 at para. 15.
"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 a wilfully false statement in a motor vehicle accident claim constitute material material to another claim? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Can a party plead inconsistent claims in the statement of claim and defence to a counterclaim? (British Columbia, Canada)
Is there any case law where a fugitive has been convicted of a criminal offence in Canada but not a criminal attempt? (British Columbia, Canada)
What is the test for establishing that a claim can be brought against a defendant who has never been found guilty of any criminal offence? (British Columbia, Canada)
What recourse does an appellant have to surrender to serve the sentence imposed for a criminal offence under the Criminal Code? (British Columbia, Canada)
What constitutes a "willful false statement" by a person in the context of an insurance claim? (British Columbia, Canada)
What is the basis for a claim for breach of contract where the applicant does not use the word "honestness" in his statement of claim? (British Columbia, Canada)
What is the effect of the seizure of a property by the Crown under section 462.34(4) of the Criminal Code of Canada for an alleged criminal enterprise crime offence? (British Columbia, Canada)
What is the test for a claim for breach of contract arising out of a statement in a property disclosure statement? (British Columbia, Canada)
