When will a party be required to plead "material facts" in a family law case?
Ontario, Canada
The following excerpt is from C.S. v. D.A.S., 2020 ONCJ 16 (CanLII):
At ¶16, Benotto J.A. held that the family rules do not require all the material facts relied on to be set out at the time the case is started. That is because a party will often not know all the facts. The rules provide stringent financial disclosure obligations. To require a party to plead “material facts” before financial disclosure would run contrary to the way family litigation is conducted, the family rules and notions of basic fairness. While Frick v. Frick primarily dealt with the failure to plead facts, many of Benotto J.A.’s comments are still instructive in this case.
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