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Laésha Smith successful at the British Columbia Supreme Court

Laésha Smith, on behalf of the respondent, successfully struck evidence tendered on an application for leave to bring a secondary market claim under the Securities Act as improper reply, arguing the plaintiffs were attempting to split their case by tendering both new and confirmatory evidence following the respondent’s response to their case-in-chief. The Supreme Court of British Columbia held that this was a clear instance of the traditional rule against case splitting, that the rule applied to the claim, and that striking the evidence would not result in an injustice to the plaintiffs.  Read the Supreme Court decision: Tietz v. Cryptobloc Technologies Corp., 2021 BCSC 522 (CanLII)