If a pleading is to be struck, must the pleading be supported by the material facts?
Ontario, Canada
The following excerpt is from Mitchell v. Provan, 2021 ONSC 1985 (CanLII):
Similarly, conclusory statements and principles of law must be supported by material facts otherwise the pleading should be struck: Copland v. Commodore, at para 19.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the difference between the Impugned Pleads and material facts? (Ontario, Canada)
What is the test for pleading "material facts"? (Ontario, Canada)
What is the test for pleading material facts in a personal injury action? (Ontario, Canada)
Can a pleading containing claims of misrepresentation be pleaded more particularity than other pleadings? (Ontario, Canada)
If a father's materials set out that he would assist in the mother continuing to have access to the child if the child was returned to the father, would the father's material set out to support the mother's access? (Ontario, Canada)
When will a party be required to plead "material facts" in a family law case? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
Is it reasonable to impute income to the support payor for the purposes of child support and retroactive child support? (Ontario, Canada)
Does the fact that a husband now has a new partner and does not work outside of the home in order to reduce the amount of support he pays for his first wife’s income support? (Ontario, Canada)
Can the court use the application procedure under rule 14.05(h) of the Rules of Civil Procedure to determine whether there will be any material facts in dispute? (Ontario, Canada)
