Delaney & Friends Cartoon Productions Ltd. v. Radical Entertainment Inc. et al, 2005 BCSC 371

  • March 17, 2005

See Delaney & Friends Cartoon Productions Ltd. v. Radical Entertainment Inc. et al, 2005 BCSC 371, at para 9 for the distinction between material facts and particulars:  "A material fact is one that is essential in order to formulate a complete cause of action.  If a material fact is omitted, a cause of action is not effectively pleaded.  Particulars, on the other hand, are intended to provide the defendant with sufficient detail to inform him or her of the case he or she has to meet (em>Bruce v. Odhams Press, Limited, [1936] 1 K.B. 697 (C.A.)).  Particulars are provided to disclose what the pleader intends to prove.  How that party intends to prove the material facts and particulars is a matter of evidence.  The pleading party is not required to, and indeed, is not entitled to set out in the pleadings the evidence that he or she intends to adduce at trial to prove the facts that have been pleaded."