Is a plaintiff entitled to plead to plead the particulars of misrepresentation in their statement of claim?
Ontario, Canada
The following excerpt is from Ottawa Police Association v. Ottawa Police Services Board, 2011 ONSC 7214 (CanLII):
I agree with the Attorney General’s submission that the plaintiff’s statement of claim should be amended to plead the particulars of the misrepresentation, including the omission, and including the when, where, how, by whom and to whom it was made as well as the balance of the items identified in Lysko v. Braley, supra. I grant leave to the plaintiff to amend the statement of claim within 30 days in accordance with the requirements of rule 25.06(8) as outlined above.
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