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Plaintiff

The person who initiates, who brings or files a case with a court; who sues.

The person who starts, brings an case to court; who sues or who asks the Court for a trial and, if successful, enforceable relief.

In Re Shirleys Limited:

"Plaintiff means a person who commences an action."

May also be called "claimant", "petitioner" or "applicant".

The person being sued is generally called the defendant or the respondent.

A plaintiff commences the pleadings of a Court action by writing, filing and delivery of a statement of claim.

In a tort action, the plaintiff is the one who alleges injury or damages.

REFERENCES:

  • Re Shirleys Limited (1919) 10 WWR 918 (Saskatchewan)

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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