What is the test for a party to plead in a second pleading in a civil action?
British Columbia, Canada
The following excerpt is from Parmar v. Blenz The Canadian Coffee Company Ltd., 2007 BCSC 1190 (CanLII):
In the recent decision of Gabbs v. Bouwhuis, [2005] B.C.J. No. 2776, 2005 BCSC 1782, Bennett J., at para. 23, approved the following statement found in “The Law of Civil Procedure, Volume 2”: The Rule simply means that a party’s second pleading must not contradict the first. A plaintiff must not set up in his reply a new cause of action which is not raised in the statement of claim.
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