British Columbia v. Apotex Inc.
concise summary of the legal bases” on which the plaintiff intends to rely in support
of the relief sought.
 The general objects and requirements of a notice of civil claim were
discussed by Justice Voith (as he then was) in Sahyoun v. Ho, 2013 BCSC 1143
[Sahyoun 2013], and succinctly summarized by Justice Winteringham in James v.
Johnson & Johnson Inc., 2021 BCSC 488 [James] as follows:
 . . . Justice Voith underscores the object of the Rules, which is to secure
the just, speedy, and inexpensive determination of every proceeding on its
merits. He notes the requirements in Rule 3-1(2), that a notice of civil claim
"set out a concise statement of the material facts giving rise to the claim" and
"set out a concise summary of the legal basis for the relief sought", are
mandatory and directed to promoting clarity. And he explains that, "[a]
material fact is one that is essential in order to formulate a complete cause of
action. If a material fact is omitted, a cause of action is not effectively pled."
 Citing Frederick M. Irvine, ed., McLachlin and Taylor, British Columbia
Practice, 3rd ed., vol. 1 (Markham, Ont.: LexisNexis Canada Inc., 2006),
Voith J. notes that the material facts of each cause of action should disclose
the three elements essential to every cause of action: the plaintiff's right or
title; the defendant's wrongful act violating that right or title; and the
 Justice Voith also notes the requirement for a proper articulation of the
legal basis supporting the claim(s) (Sahyoun at para. 33).
 Justice Voith again had occasion to comment on the framework and purpose
of the Rules in Mercantile Office Systems Private Limited v. Worldwide Warranty Life
Services Inc., 2021 BCCA 362 as follows:
Pleadings are foundational. They guide the litigation process. This is
true in relation to the discovery of documents, examinations for discovery,
many interlocutory applications and the trial itself.
Pleadings also give effect to the underlying policy objectives of the
Rules, which are to ensure the litigation process is fair and to promote justice
between the parties: Wong v. Wong, 2006 BCCA 540 at paras. 22–23. They
enable the parties and the court “to ascertain with precision the matters on
which parties differ and the points on which they agree; and thus to arrive at
certain clear issues on which both parties desire a judicial decision”: 1076586
Alberta Ltd. v. Stoneset Equities Ltd., 2015 BCCA 182 at para. 55, citing D.B.
Casson & I.H. Dennis, eds, Odgers’ Principles of Pleading and Practice in
Civil Actions in the High Court of Justice, 21st ed (London: Stevens & Sons,
1975) at 75–76.
For the court, pleadings serve the ultimate function of defining the
issues of fact and law that will be determined by the court. In order for the