What is the difference between a plaintiff and defendants in a claim of malice in Rule 3-7(17) of the BC SPCA?
British Columbia, Canada
The following excerpt is from Taylor v British Columbia, 2020 BCSC 1936 (CanLII):
As can be seen, the plaintiff makes a broadly stated claim of malice in paragraph 45 and the defendants seek further particulars of that issue. However, an allegation of malice in a claim is a question of fact, it is sufficient by itself and particulars of malice are not required (Samaroo v. Canada Revenue Agency, 2013 BCSC 482, at paras. 19-23). This appears to be codified in Rule 3-7(17).
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