What is the legal test of legal sufficiency on an application to amend a pleading under Rule 9-5(1)(a)?
British Columbia, Canada
The following excerpt is from Smithies Holdings Inc. v RCV Holdings Ltd., 2018 BCSC 1831 (CanLII):
The test of legal sufficiency on an application to amend is that the proposed pleading must state a reasonable cause of action. The same test is applied as on an application to strike a pleading under Rule 9-5(1)(a) for failing to state a reasonable cause of action; Morriss v. British Columbia, 2010 BCCA 95 at para. 17. A pleading will only be struck if it is plain and obvious that it is legally insufficient; R v. Imperial Tobacco Canada Ltd., 2011 SCC 42, at para. 17.
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