What is the test for pleading in a class action?
British Columbia, Canada
The following excerpt is from British Columbia v Apotex Inc., 2022 BCSC 1 (CanLII):
In the context of class actions, the courts tend to be generous in making available the possibility of amendments to fine-tune the pleadings and to bring clarification to obscure issues. However, fairness and access to justice considerations require that the essentials of a cause of action must be pleaded, or the pleading will be found to be inadequate. The court will also consider the length of time the plaintiff has had to “get it right”: Sandhu v. HSBC Finance Mortgages Inc., 2016 BCCA 301 at para. 44 [Sandhu].
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