What is the test for a plaintiff to plead a cause of action?
British Columbia, Canada
The following excerpt is from Homan v Nemanishen, 2021 BCSC 2515 (CanLII):
The plaintiff must plead those material facts essential to formulate a complete cause of action. If a material fact is omitted, a cause of action is not effectively pleaded. Material facts should be stated with certainty and precision and state the defendant's wrongful acts and the consequent damage: McGregor v. Holyrood Manor, 2014 BCSC 679 at paras. 7–8, aff’d 2015 BCCA 157.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for adding plaintiffs to a proposed class action where the named and proposed representative plaintiff has no legitimate cause of action? (British Columbia, Canada)
Can a plaintiff plead a cause of action that may be available to other persons in different circumstances? (British Columbia, Canada)
What is the relevant case law for striking a plaintiff’s pleadings as disclosing no reasonable cause of action? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
What is the standard of pleading in a personal injury action where there are several causes of action against multiple parties? (British Columbia, Canada)
What are the implications of the BCSC finding that a plaintiff has not properly pleaded the facts and causes of action? (British Columbia, Canada)
What are the material facts of a plaintiff's cause of action? (British Columbia, Canada)
Can a pleading be struck out on the grounds that it discloses no cause of action? (British Columbia, Canada)
What is the liability of a defendant who causes a plaintiff to suffer injuries as a result of their actions? (British Columbia, Canada)
What is the test for pleading a material fact in a cause of action? (British Columbia, Canada)
