Does a pleading that is simply absurd, absurd or highly implausible have to be accepted as proven?
Newfoundland and Labrador, Canada
The following excerpt is from Al-Haidari v. Memorial University of Newfoundland, 2020 NLSC 27 (CanLII):
Pleadings that are simply bald assertions, absurd or highly implausible do not have to be accepted as proven in the absence of a detailed factual basis for the claim: Arabi v. Alberta, 2014 ABQB 295. Rule 14.24(1)(b) - Pleadings that are false, scandalous, frivolous or vexatious
"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
When pleading bad faith or abuse of power, does it need to set out the facts of the pleading? (Newfoundland and Labrador, Canada)
In a sexual assault trial where there are two versions of the same events, what is the role of the trial judge in determining whether the accused has proven his case beyond a reasonable doubt? (Newfoundland and Labrador, Canada)
What is the test for a motion to strike a pleading? (Newfoundland and Labrador, Canada)
Can a written agreement be avoided by pleading non est factum? (Newfoundland and Labrador, Canada)
Does the failure to cross-examine a witness on a specific issue tend to support an inference that the opposing party accepts the witness’ evidence on that specific issue? (Newfoundland and Labrador, Canada)
What is the test for pleading in a defamation case? (Newfoundland and Labrador, Canada)
What is the accepted test for enhanced cost awards? (Newfoundland and Labrador, Canada)
What is the test for pleading and proving in a personal injury case? (Newfoundland and Labrador, Canada)
What are the pleadings in a personal injury case? (Newfoundland and Labrador, Canada)
Can a written agreement be avoided by pleading non est factum? (Newfoundland and Labrador, Canada)
