What is the test for establishing that a plaintiff has an absolute right to seek relief?
Saskatchewan, Canada
The following excerpt is from Perreault v. Kininisto School Unit No. 55, 1956 CanLII 170 (SK QB):
It is not necessary that the plaintiff on this application should establish his absolute right to the relief asked for in the statement of claim. It is sufficient if he shows that there is a bona fide claim and triable issue. Ridings v. Elmhurst S.D. No. 3665 1926 CanLII 84 (SK CA), [1926] 2 WWR 752, Haultain, C.J.S. at 755, and Martin, J.A. (now C.J.S.) at 758.
"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
Can a volunteer who obtained registration of title from a transferor who had no legal right to give it to the transferor be found liable to rectify the register if the volunteer who did not have the right to do so, but had no other legal right? (Saskatchewan, Canada)
Is a surety entitled to relief from a creditor who has interfered with the rights of the surety? (Saskatchewan, Canada)
When a vendor contracts to sell to a purchaser an agreement for a lease and the purchaser subsequently repudiates the contract, can the vendor continue to exercise its right to exercise that right? (Saskatchewan, Canada)
Can a plaintiff be accused of hoarding or abandoning her claim or sitting on her rights? (Saskatchewan, Canada)
Can the owner of land adjoining the railway right-of-way and such land recover damages from a defect in the fence between the right of way and the land adjacent to the railway? (Saskatchewan, Canada)
In what circumstances have the courts found that the driver of a car to the right was driving recklessly at the right side of the road at the time of an oncoming collision? (Saskatchewan, Canada)
In what circumstances will a plaintiff be indemnified for any damage caused to a plaintiff’s storage facility by a lighter man? (Saskatchewan, Canada)
What is the test for a request by the Chief Commissioner for Human Rights for an inquiry into allegations of sexual harassment against a plaintiff? (Saskatchewan, Canada)
What is the difference between granting an exclusive right to possession and control of a gravel pit and a right of way? (Saskatchewan, Canada)
What is the test for establishing that a plaintiff has a valid contract? (Saskatchewan, Canada)
