Phongpradith v Bieberstein

Decided: 2026-09-29. Docket: CA51449. Citation: 2026 BCCA 388 (CanLII). Procedure — Pleadings — Application to strike — Supreme Court Civil Rules, R 9-5(1)(a) — Whether Amended Claim disclosed no reasonable cause of action — Plain and obvious test, Nevsun Resources Ltd. v Araya, R v Imperial Tobacco Canada Ltd. — Allegations speculative and manifestly incapable of being proven — Appeal dismissed | Statutory interpretation — Civil procedure rules — Amendment of pleadings — Supreme Court Civil Rules, R 6-1(5), R 6-1(6)(a) — Whether respondents were required to file an amended response to civil claim — Permissive language “may amend” and deemed response applied — Standing to bring application upheld — Appeal dismissed | Statutory interpretation — Civil procedure rules — Applications — Supreme