What is the test for pleading a new ground or claim that is inconsistent with that party's previous pleading?
British Columbia, Canada
The following excerpt is from RTR Properties Ltd. v Lloyd’s Underwriters, 2017 BCSC 1117 (CanLII):
Also relevant to the parties’ submissions are SCCR 3-7(6) which prohibits a party from pleading an allegation of fact or a new ground or claim that is inconsistent with that party’s previous pleading, and SCCR 3-7(7) which allows a party to plead alternative allegations. A party may plead inconsistent but alternative claims or defences but may not first raise an alternative inconsistent claim in reply or in a defence to a counterclaim [emphasis added]: Gabbs v. Bouwhuis, 2005 BCSC 1782 at para. 24. Discussion
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