Intact Insurance Company v. Malloy, 2020 NSCA 18

JurisdictionNova Scotia
JudgeHonourable Justice David P.S. Farrar
Citation2020 NSCA 18
Docket NumberCA 488619
CourtCourt of Appeal of Nova Scotia (Canada)
Date28 February 2020
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4 practice notes
  • Mi’kmaw Family and Children’s Services v. Sipekne’katik,
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • November 2, 2022
    ...documents and not obscure theories or bald or boiler-plate assertions in pleadings. For example, in Intact Insurance Company v. Malloy, 2020 NSCA 18, at para. 35 Justice Farrar affirmed that even particularized pleadings must be supported by the evidence in order to avoid a fishing [35] ......
  • Sack v. Canada (Attorney General),
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • April 5, 2023
    ...based on scant evidence (if evidence is presented).  Farrar, J.A. touched upon this issue in Intact Insurance Company v Malloy, 2020 NSCA 18 (“Intact”) when he wrote at paragraph Although the pleadings are a factor to be taken into consideration in determining whether doc......
  • Mike's Clothing Limited v. Kentville (Town),
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • March 29, 2023
    ...like a request for production, be supported by evidence, lest it amount to a fishing expedition: see Intact Insurance Company v. Malloy, 2020 NSCA 18 at paras.36-41. Allegations, no matter how specifically worded or drafted, which have no basis in the facts or the evidence without more, can......
  • Laybolt v. Irving Equipment Limited, 2020 NSSC 178
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • June 8, 2020
    ...interpretation of relevancy was most recently reiterated by the Nova Scotia Court of Appeal in Intact Insurance Company v. Malloy, 2020 NSCA 18.   In Intact the Court said, that in light of the disclosure requirements under the Rules, a party seeking additional documentation must ......
4 cases
  • Mi’kmaw Family and Children’s Services v. Sipekne’katik,
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • November 2, 2022
    ...documents and not obscure theories or bald or boiler-plate assertions in pleadings. For example, in Intact Insurance Company v. Malloy, 2020 NSCA 18, at para. 35 Justice Farrar affirmed that even particularized pleadings must be supported by the evidence in order to avoid a fishing [35] ......
  • Sack v. Canada (Attorney General),
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • April 5, 2023
    ...based on scant evidence (if evidence is presented).  Farrar, J.A. touched upon this issue in Intact Insurance Company v Malloy, 2020 NSCA 18 (“Intact”) when he wrote at paragraph Although the pleadings are a factor to be taken into consideration in determining whether doc......
  • Mike's Clothing Limited v. Kentville (Town),
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • March 29, 2023
    ...like a request for production, be supported by evidence, lest it amount to a fishing expedition: see Intact Insurance Company v. Malloy, 2020 NSCA 18 at paras.36-41. Allegations, no matter how specifically worded or drafted, which have no basis in the facts or the evidence without more, can......
  • Laybolt v. Irving Equipment Limited, 2020 NSSC 178
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • June 8, 2020
    ...interpretation of relevancy was most recently reiterated by the Nova Scotia Court of Appeal in Intact Insurance Company v. Malloy, 2020 NSCA 18.   In Intact the Court said, that in light of the disclosure requirements under the Rules, a party seeking additional documentation must ......

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