What is the test for a plaintiff to allege intentional or malicious conduct?
Ontario, Canada
The following excerpt is from F. v Greater Sudbury (Police Service), 2015 ONSC 3983 (CanLII):
A plaintiff: (a) Alleging intentional or malicious conduct, must plead circumstances and full particulars sufficient to infer intentional or malicious conduct. Bald pleadings thereof are insufficient; (b) May not commence a proceeding in an attempt to disclose facts to support allegations; and (c) Presentation of a claim with a complete absence of material facts risks having that pleading struck as being scandalous, particularly claims alleging intentional or malicious conduct: Dyce v. Lyons-Batstone, 2012 CarswellOnt 568, at paras. 38 and 40.
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