Can a plaintiff rely upon ill-founded reports to advance claims without foundation?
British Columbia, Canada
The following excerpt is from Carlson (Guardian ad Litem of) v. Stewart, 1999 CanLII 5730 (BC SC):
To accept the plaintiff's submission would mean that any plaintiff could rely upon ill-founded reports to advance claims without foundation and yet still be able to seek relief from costs occasioned by their own conduct. Here, that conduct was failing to provide the information available and necessary for a sound opinion to be formed. In this case, nothing was tendered at trial that was previously unavailable such that could strip away the underpinning of the plaintiff's case, as was the case in Van Haltern v. Wilhelm, [1997] B.C.J. No. 2938 (B.C.S.C.).
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