What are the common issues in the Second Fresh as Amended Statement of Claim?
Ontario, Canada
The following excerpt is from Gilani v. BMO Investments Inc., 2021 ONSC 3589 (CanLII):
Common issues are adjudicated on the pleadings. In Rooney v. ArcelorMittal, 2018 ONSC 1878, Rady J. rejected drafting changes that sought to link the common issues to a particular pleading. She held, at para. 87: The proposed additional words in common issues 1, 5, 11, 13, 15 and 17 (“as pleaded and particularized in Schedule B of the Second Fresh as Amended Statement of Claim”) are unnecessary. The common issues will be adjudicated on the basis of the case as pleaded. Further, it is possible that the common issues will be changed or refined as the case proceeds through documentary and oral discoveries. (iii) Analysis
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