Can a plaintiff add waiver and estoppel pleas to his notice of civil claim?
British Columbia, Canada
The following excerpt is from Peters v. Insurance Corporation of British Columbia, 2013 BCSC 2468 (CanLII):
Counsel for the plaintiff has candidly acknowledged that the addition of the waiver and estoppel pleas to the plaintiff’s notice of civil claim did not occur to him until he became aware of the obiter dicta of Justice Armstrong in Springer v. Kee, 2012 BCSC 1210, and had, in light of those comments, conducted a further review of the documents the plaintiff had received from the defence.
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