What is the adequacy of wording in a draft amended statement of claim?
Canada (Federal), Canada
The following excerpt is from Progressive Games Inc. v. Amusements Extra Inc., 1999 CanLII 8851 (FC):
As regards the adequacy of the wording used by the plaintiff in its draft amended statement of claim, and in particular allegation 10 dealing with the involvement of the individual defendants, it seems to me based on the evidence presented and the wording of the paragraph itself that the latter goes further than the wording criticized in Painblanc v. Kastner (1994), 58 C.P.R. (3d) 502. Here the complaint is actually directed in the allegations against the personal and the direct involvement of the individuals. It is not their acts as officers or shareholders which are in question.
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