What is the test for assuming that material facts in a notice of civil claim must be assumed to be true?
British Columbia, Canada
The following excerpt is from Owimar v Warnett, 2018 BCSC 2310 (CanLII):
The rule that material facts in a notice of civil claim must be assumed to be true does not mean that allegations based on assumptions and speculation must be taken as true. Rather, such allegations must be subjected to a skeptical analysis in order to determine their true character: Young v. Borzoni et al, 2007 BCCA 16 at paras. 25-32.
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