What is the current state of the law on assumption and speculation in a notice of civil claim?
British Columbia, Canada
The following excerpt is from Party Time Liquor Stores Ltd. v. M.M.K. Holdings Ltd., 2016 BCSC 1356 (CanLII):
As Madam Justice Fisher observed in Willow v. Chong, 2013 BCSC 1083 at para. 19, the “rule that material facts in a notice of civil claim must be taken as true does not mean that allegations based on assumption and speculation must be taken as true.” In appropriate cases, such allegations may be subject to a skeptical analysis, particularly where there are broad allegations of things like intolerance, deceit, harassment and intimidation. …
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