What are the consequences of defective pleadings?

Ontario, Canada


The following excerpt is from J.M.R. v. M.A.R., 2008 CanLII 34269 (ON SC):

In paras. 7 and 8 of Provenzano v. Thunder Bay (City), 2008 CanLII 22147 (ON S.C.), Smith J. outlines the importance of pleadings: Rules exist to ensure that pleadings meet certain standards. Pleadings that are defective or inadequate lead to chaotic litigation which is often unnecessarily expensive and protracted. Pleadings are important for several reasons: • they serve to define the issues in dispute • they give notice to the opposing party of the case that must be met • they inform the court of the matters in issue • they provide a record of the issues raised and prevent further litigation upon matters that have already been judicially determined • they define the scope of discovery.

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