What is the test for pleading that a law firm is not acting as counsel for a trust?
British Columbia, Canada
The following excerpt is from Ledinski v. Chestnut, 2015 BCSC 373 (CanLII):
That text also cites Blowey v. National Trust Co., [1998] B.C.J. No. 174 (S.C.). In that case, the plaintiff had pleaded that a law firm was counsel for a certain trust, then applied to amend to plead that the firm was not acting as counsel for the trust when it received certain money. The defendants opposed the amendment on the basis that it amounted to withdrawing an admission.
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