Can a document referred to in a statement of claim be used?

Manitoba, Canada


The following excerpt is from Bellan v. Curtis et al., 2007 MBQB 221 (CanLII):

The Province and the defendant directors argue a document referred to in the statement of claim can only be utilized if it is one upon which the plaintiff must rely for the establishment of his claim. In support of their position, they rely on the following comment by Disbery J. in Balacko v. Eaton’s of Canada Ltd. (1967), 1967 CanLII 369 (SK QB), 60 W.W.R. 22 at p. 26: In light of these authorities I am of the opinion that the only documents which are properly to be considered on an application to strike out a statement of claim on the ground that it discloses no reasonable cause of action are the notice of motion, the attacked statement of claim, the particulars furnished pursuant to a demand therefor, and any document which is referred to in the statement of claim upon which the plaintiff must rely for the establishment of his claim; for such a document is to be considered for the purposes of the application as forming part of the pleading: Hogan v. Brantford (City) (1909-10) 1 OWN 226. Other documents referred to in a statement of claim which are merely evidential and from which the plaintiff’s claim does not arise should not, in my opinion, be considered; for to do so would be to admit evidence to support the attacked pleading, which is not permissible. (underlining added)

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