What is the test for a prima facie cause of action in a personal injury action?

Saskatchewan, Canada


The following excerpt is from Konotopski v. Royal Canadian Mounted Police, 2000 SKQB 22 (CanLII):

Concerning the requirement of a prima facie cause of action, the applicant provided little material to support the cause of action he advanced beyond alleging that his injury was caused by the negligence of one or more of the proposed defendants. Nor did he submit a comprehensive memorandum of law outlining legal principles relied on to underpin the applicant’s claim against the respondent. However, the total of material filed by the parties in my view provides an adequate factual base to found a prima facie claim in negligence based in part on the principles enunciated in Cook v. Lewis, 1951 CanLII 26 (SCC), [1951] S.C.R. 830.

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