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The amended statement of claim was properly struck because it contained sweeping conclusory allegations unsupported by material facts and failed to disclose a cause of action; leave to amend was properly refused and the appeal was dismissed.
Source excerpt
The court ordered particulars of special damages to date and required the plaintiff to deliver the expert reports she intended to rely on at trial.
The Court of Appeal for British Columbia dismissed Mr. Ahmed’s appeal from an order striking his medical negligence-style claim and a later desk dismissal.
The court largely upheld a product-liability pleading, finding that allegations of knowledge, prior warnings, and failure to warn were material facts. Only paragraph 17 was struck.
The prothonotary applied the correct legal test for motions to strike (the plain and obvious standard); it was not shown beyond doubt that the respondents' claims could not succeed, so the motions to strike were properly dismissed and the appeals must be dismissed with costs.
Source excerpt
The British Columbia Court of Appeal dismissed a self-represented appellant’s challenge to an order striking his claim for disclosing no reasonable cause of action.
The court dismissed an application to set aside or vary a prior amendment order, holding the proper remedy was appeal and that counsel-agreement issues required formal process.
The Supreme Court of Canada held that statutory notice before a libel action was a condition precedent, that the notice here was sufficient, and restored the plaintiff’s judgment.
Appeal in a land-sale deceit case. The Supreme Court of Canada held that honest belief in a representation defeats deceit and allowed the appeal with costs.
The Supreme Court of Canada upheld a guarantee signed by Henry Vaughan, finding valid consideration from delayed enforcement and rejecting an unpleaded misrepresentation defence.
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