Can a plaintiff plead a cause of action that may be available to other persons in different circumstances?
British Columbia, Canada
The following excerpt is from Birrell v. Providence Health Care Society, 2007 BCSC 668 (CanLII):
Macaulay J. concluded that it was not sufficient for a plaintiff to plead a cause of action that may be available to other persons in different circumstances and that, where there is a single plaintiff, she must demonstrate a personal cause of action against each defendant (at para. 81). I note that his comments were made in the context of an application for certification and not in the context of a pre-certification motion, pursuant to Rule 19(24), as was the case in MacKinnon v. Money Mart, supra.
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