Is a pleading based on a functional approach to pleading?
Ontario, Canada
The following excerpt is from Ward v. Municipality of Southwest Middlesex, 2012 ONSC 370 (CanLII):
I adopt the functional approach to pleading set out by Lauwers J. in Ivany v. Financiere Telco. Inc., 2011 ONSC 2785 (CanLII), at paras. 26-37 and find that the Plaintiffs’ claim of nuisance does not spring from a new factual matrix. Since the Plaintiffs did not expressly refer to the tort of nuisance in the Amended Statement of Claim, I grant leave to the Plaintiffs to further amend their Amended Statement of Claim to better particularize the claim for nuisance.
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