Can a court accept facts that are bare allegations or statements of law disguised as facts?
Alberta, Canada
The following excerpt is from 783783 Alberta Ltd. v. Canada (Attorney General), 2009 ABQB 149 (CanLII):
Notwithstanding that the court is bound to accept the facts as pleaded by the Plaintiff for the purposes of this application, the court cannot accept those facts that are bare allegations or statements of law disguised as facts: Hovsepian v. Westfair Foods Ltd., 2001 ABQB 700 at paras. 28‑31, 296 A.R. 283. There are many of those in the Statement of Claim. In so far as so-called facts made in the Statement of Claim are statements of law, or statements of mixed law and fact, it is for a court of appropriate jurisdiction to determine the law.
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