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.

Farallon Mining Ltd. v. St. Eloi, 2012 BCSC 609

  • April 26, 2012

Date: 2012-04-26 Docket: S096393  Grauer J. | Link
An internet defamation case where the defendant has so far provided inadequate justification and the plaintiff seeks to have some or all of his defense struck.

L’Abbé v. Allen-Vanguard, 2011 ONSC 4000 (CanLII)

  • June 24, 2011

Date: 2011-06-24 Docket: 08-CV-43188; 08-CV-43544  Master MacLeod. | Link
At para 35, the Master points out: "Even at the pleading stage parties should have an eye on what issues will be raised by the litigation and therefore what will be the scope of production and discovery.

Covelli v. Sears Canada Inc., 2011 ONSC 1850 (CanLII)

  • March 23, 2011

Date: 2011-03-23. Docket: Master Sproat. | Link
In a wrongful dismissal case, defendants moves to strike claims alleging "that Sears has adopted a corporate policy or practice of terminating employees for just cause, notwithstanding that it knows or ought to know that no just cause at law exists, as a means of unlawfully evading its statutory and common law obligation to provide employees with notice of termination, or compensation in lieu of notice".

Szeto v. Dwyer, 2010 NLCA 36 (CanLII)

  • May 31, 2010

Date: 2010-05-31 Docket: 09/18. Green, C.J.N.L., Roberts and Welsh, JJ.A. | Link
This is an appeal from an interlocutory decision of a Trial Division judge ordering answers by the appellants (plaintiffs in the original proceeding) to certain interrogatories, delving extensively into medical and financial histories, delivered by the respondent (defendant) in a personal injury claim arising out of a motor vehicle accident.

Zecher v. Josh, 2011 BCSC 311 (CanLII)

  • March 15, 2011

Date: 2011-03-15 Docket: 08 3690 Master C.P. Bouck. | Link
Personal injury case in which the defendants seek evidence that some of the complaints relate to pre-existing conditions by soliciting PharmaNet records.

Javitz v. BMO Nesbit Burns Inc., 2011 ONSC 1332 (CanLII)

  • February 28, 2011

Date: 2011-02-28 Docket: CV-10-8951-00 CL ; CV-10-8937-00 CL ; CV-10-8950-00 CL. Pepall J. | Link
In this fraud case, the defendants have brought a motion to strike portions of the statement of claim, including one regarding other fraudulent activities involving other clients.