What are the material facts of a plaintiff's cause of action?
British Columbia, Canada
The following excerpt is from Pyke v. Price Waterhouse Ltd., 1995 CanLII 3317 (BC SC):
13 Here, the plaintiff's cause of action is breach of contract. The elements of the cause of action are a contract and a wrongful breach of it, and the material facts are those that establish those elements. The manner of her dismissal is a matter affecting the amount of damages to which the plaintiff may be entitled. Facts establishing the manner of her dismissal are therefore not material but it has long been settled that it is permissible to plead such facts "in aggravation of damages": see Millington v. Loring (1880), 6 Q.B.D. 190 per Lord Selborne, L.C. at 194-95 and the discussion in Odgers on Pleading and Practice, 9th ed. (Toronto: Carswell, 1926) at 107-108.
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