Cause of action

A factual situation, the existence of which entitles a person to bring legal proceedings against another person and secure a remedy.

The legal basis underlying the plaintiff’s civil suit against the defendant.

The basis in law and fact which enables a person to launch a case and request judicial attention to it. For example, in a section 15 Charter case, the claimant would have to demonstrate (a) that the Charter applies to her situation, and (b) that her section 15 equality rights have been infringed by some law or policy.

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