10.14.05
Pleading Caution
A-C-H INTERNATIONAL INC. v. ROYAL BANK OF CANADA, released May 25, 2005
As in lotteries, plaintiffs may have lots of ways to win.
When drafting pleadings, counsel should be careful to consider all of the legal pigeonholes that might permit success.
In this appellate case, the bank pleaded “that such proceeds had been obtained by ACPI fraudulently and without colour of right,� but Justice Blair held that this by itself was insufficient to bring the tort of conversion into play in the crossclaim.
Appeal allowed.