What is the test for determining whether a claim in a personal injury action against a former partner is a common law claim?
British Columbia, Canada
The following excerpt is from Liu v. Tsai, 2017 BCSC 221 (CanLII):
… Briefly, there are two questions which must be answered. The first involves considering whether the two proceedings involve common claims, disputes and relationships. As set out in Merritt v. Imasco Enterprises Inc., (1992) 2 C.P.C. (3d) 275, that determination is made on a review of the pleadings.
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