What is the test for a prima facie cause of action in a personal injury action?
Saskatchewan, Canada
The following excerpt is from Konotopski v. Royal Canadian Mounted Police, 2000 SKQB 22 (CanLII):
Concerning the requirement of a prima facie cause of action, the applicant provided little material to support the cause of action he advanced beyond alleging that his injury was caused by the negligence of one or more of the proposed defendants. Nor did he submit a comprehensive memorandum of law outlining legal principles relied on to underpin the applicant’s claim against the respondent. However, the total of material filed by the parties in my view provides an adequate factual base to found a prima facie claim in negligence based in part on the principles enunciated in Cook v. Lewis, 1951 CanLII 26 (SCC), [1951] S.C.R. 830.
"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 person be added as a party in a personal injury action where the outcome of the action directly affects him? (Saskatchewan, Canada)
Can a plaintiff in a personal injury action commence a second action for damages arising out of the same circumstances? (Saskatchewan, Canada)
Can a defendant set up a defence for personal injury in a personal injury case? (Saskatchewan, Canada)
Does the word "cause of action" mean the whole cause of action? (Saskatchewan, Canada)
What is the test for success in a personal injury action brought by a farmer who claims to have lost his right to land on his land? (Saskatchewan, Canada)
What is the test for bringing a personal injury action against a former trustee? (Saskatchewan, Canada)
What is the test for a draft to be used in a personal injury action? (Saskatchewan, Canada)
What is the test for damages in a personal injury action brought by a defendant who failed to appear in court? (Saskatchewan, Canada)
Is a plaintiff entitled to security for costs under Rule 9 of the Rules as to costs in a personal injury action? (Saskatchewan, Canada)
What is the test for liability for damage caused to a person’s property by workmen who cause damage to the property? (Saskatchewan, Canada)
