What are the implications of a plaintiff’s new pleadings in a personal injury case?

Manitoba, Canada


The following excerpt is from Dmitruk v City of Dauphin, 2014 MBQB 189 (CanLII):

[36] The above authors caution the reader on page 294 (within para. 3) as follows: “... Most of the cases are interlocutory in nature, where defendants challenge the plaintiff’s pleadings as disclosing no cause of action as a matter of law. Courts have too often responded needlessly, prematurely, awkwardly, and without evidentiary support to strike the claims. While purporting to apply the Hunt v. Carey Canada test of ‘plain and obvious’, the majority of trial judges have struck out the aspects of the pleadings claiming new duties, usually after a cursory analysis of the issues and often without fully understanding the new approach.”

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