Pleading Practices

Farley J., in National Trust Co. v. Furbacher [1994] O.J. No. 2385 (ON Gen Div), observed that the functions of pleadings are to:

  1. define with clarity and precision the question in controversy between the litigants;
  2. give fair notice of the precise case which is required to be met and the precise remedies sought; and
  3. assist the Court in its investigations of the truth and the allegations made.

Ford v. F. Hoffmann-Laroche Ltd., 2005 CanLII 46753 (ON S.C.D.C.)

  • December 16, 2005

Date: 2005-12-16 Docket: 660-01.Winkler R.S.J., Carnwath & Swinton JJ.
Costs of $144,000 awarded against the solicitor and colleague in the determined pursuit of an action stayed by the court when it certified the class proceeding, including allegations of fraud and deceit against another lawyer and the production of voluminous irrelevant material.

Lewis v. Cantertrot Investments Limited, 2010 ONSC 5679 (CanLII)

  • October 18, 2010

Date: 2010-10-18 Docket: 04-CV-277412CP. C. Horkins J. | Link
The costs of unfounded allegations of fraud and deceit in a class action. Plaintiffs did not withdraw the allegations even after discoveries uncovered no evidence to support them. The court awarded substantial indemnity costs.