What is the test for a defendant to plead not guilty to a charge of deceit or fraudulent misrepresentation?
Alberta, Canada
The following excerpt is from Pepsi-Cola Canada v. P.M. Foods Ltd., 1985 CanLII 1314 (AB QB):
The reason for the rule is simply that the defendants must know the case they have to meet, and the plea here is such that they could not properly meet the plaintiff's plea of deceit or fraudulent misrepresentation. It is also clear that the defendant is not required to seek particulars where as here, the plea is defective, for it does not become effective by seeking its definition. McLean v. Johnston (supra).
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