What are the consequences of unresponsive pleadings?

British Columbia, Canada


The following excerpt is from Canadian Western Bank Leasing Inc. v. SSC Ventures (No. 98) Ltd., 2016 BCSC 223 (CanLII):

In summary then, pleadings narrow issues, give notice to the other side of the case they must meet, help ensure matters are resolved expediently and guard against “loose thinking”: Canadian Bar Association v. British Columbia, 2008 BCCA 92 at para. 60. As is evident from the procedural history in this case, nothing is to be gained by unresponsive pleadings that amount to only deficient claims or bare denials.

Once proper pleadings have been prepared, the parameters of document disclosure and production are better defined. Preparing a list of documents is thus one of the most crucial steps in document disclosure. Rule 7-1 provides that every party must produce a list of all documents that could be used by any party of record at trial “to prove or disprove a material fact” along with any other materials that will be relied upon within 35 days after the end of the pleading period. This is known as the “first tier” of disclosure: Przybysz v. Crowe, 2011 BCSC 731 [Przybysz].

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