What is the test for pleading in a notice of civil claim?
British Columbia, Canada
The following excerpt is from One West Holdings Ltd. v The Owners, Strata Plan LMS2995, 2019 BCSC 707 (CanLII):
The principles governing pleadings are well established. Rules 3-1 and 3-3, which deal with notices of civil claim and responses to civil claim, respectively, require the pleadings to set out concise statements of the material facts. For a very helpful and thorough discussion of these rules and the governing principles, see Sahyoun v. Ho, 2013 BCSC 1143 at paras. 16-26.
"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
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)
What are the pleadings in a notice of civil claim? (British Columbia, Canada)
Can a party plead inconsistent claims in the statement of claim and defence to a counterclaim? (British Columbia, Canada)
In a notice of civil claim action, does a defendant have to disclose customer data in order to be successful? (British Columbia, Canada)
In what circumstances will Mainstream bring its amended notice of civil claim against the GAAIA? (British Columbia, Canada)
Can a plaintiff proceed on the basis that the allegations set out in the notice of civil claim are true? (British Columbia, Canada)
What is the test for a strike in a notice of civil claim? (British Columbia, Canada)
What is the test for assuming and speculation in a notice of civil claim? (British Columbia, Canada)
What is the test for striking a notice of civil claim? (British Columbia, Canada)
Can Rule 9-6 of the Rules of Civil Procedure allow summary dismissal of a claim where there are disputed facts in the pleadings? (British Columbia, Canada)
