Sherry v. CIBC Mortgage Inc., 2020 BCCA 139
| Jurisdiction | British Columbia |
| Judge | The Honourable Madam Justice Dickson,The Honourable Madam Justice Fisher,The Honourable Mr. Justice Abrioux |
| Citation | 2020 BCCA 139 |
| Docket Number | CA45603 |
| Court | Court of Appeal (British Columbia) |
| Date | 21 May 2020 |
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11 practice notes
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Escobar v. Ocean Pacific Ltd.,
...2001 SCC 68, at para. 25. [7] In Sherry v. CIBC Mortgage Inc., 2020 BCCA 139 at para. 24, the Court of Appeal explained that in applying this test, the pleadings should be read generously, permitting novel but argua......
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Situmorang v. Google LLC,
...B.C. Ltd. v. Revolution Resource Recovery Inc., 2021 BCCA 85 at para. 31 [Revolution Resource Recovery]; Sherry v. CIBC Mortgage Inc., 2020 BCCA 139 at paras. 22–25. [20] As noted in Mercantile Office Systems Private Limited v. Worldwide Warranty L......
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Lee v. Ocean Pacific Hotels Ltd.,
...cannot succeed: Pro-Sys at para. 63. This is a low threshold; pleadings are to be read generously: Sherry v. CIBC Mortgage Inc., 2020 BCCA 139 at para. 24; Webster v. Robbins Parking Service Ltd., 2016 BCSC 1863 at para. 32. Specifically, the Court of Appeal in Sherry set out......
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Trotman v. WestJet Airlines Ltd.,
...no cause of action” (emphasis removed): Jiang at para. 64. And as further clarified in Sherry v. CIBC Mortgage Inc., 2020 BCCA 139, this Court said (at [25] Difficult questions of law sometimes arise on the pleadings, including complex questions of ......
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11 cases
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Escobar v. Ocean Pacific Ltd.,
...2001 SCC 68, at para. 25. [7] In Sherry v. CIBC Mortgage Inc., 2020 BCCA 139 at para. 24, the Court of Appeal explained that in applying this test, the pleadings should be read generously, permitting novel but argua......
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Situmorang v. Google LLC,
...B.C. Ltd. v. Revolution Resource Recovery Inc., 2021 BCCA 85 at para. 31 [Revolution Resource Recovery]; Sherry v. CIBC Mortgage Inc., 2020 BCCA 139 at paras. 22–25. [20] As noted in Mercantile Office Systems Private Limited v. Worldwide Warranty L......
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Lee v. Ocean Pacific Hotels Ltd.,
...cannot succeed: Pro-Sys at para. 63. This is a low threshold; pleadings are to be read generously: Sherry v. CIBC Mortgage Inc., 2020 BCCA 139 at para. 24; Webster v. Robbins Parking Service Ltd., 2016 BCSC 1863 at para. 32. Specifically, the Court of Appeal in Sherry set out......
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Spencer v. Transat A.T. Inc.,
...A court’s evaluation of the pleadings should be generous, as explained in Sherry v. CIBC Mortgage Inc., 2020 BCCA 139 at When deciding whether pleadings disclose a cause of action, the judge should read them generously, err on the side of permitting novel but arguable claims to proce......
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