What are the caveats in paragraph 200 and 203 of Rule 25.06 of the Scottish Rules of Civil Procedure for Breach of Contract?

Ontario, Canada


The following excerpt is from Balanyk v. University of Toronto, 1999 CanLII 14918 (ON SC):

The caveats such as those in paragraphs 200 and 203 cannot oust the paramountcy of rule 25.06 and the applicable case law requiring clarity and precision to achieve the purposes of pleadings. Neither the opposite party nor the court should be forced to nit-pick their way through a long, complex and sometimes redundant and split pleading, parsing each paragraph and each sentence with a view to extracting the claims and related material facts and redrafting them into a clear and precise pleading. It is the responsibility of the party pleading to plead in accordance with the requirements of our law and the purposes of pleading. Bearing in mind National Trust v. Furbacher those purposes are: (a) to give precise notice to the opposite party of the case which is to be met, sufficient to enable the opposite party to plead; (b) to assist the court in understanding the material facts alleged and the factual and legal issues in dispute between the parties; (c) to establish a benchmark against which the parties and the court may determine the relevance of evidence on discovery and at trial and the scope of the evidence which will be required to fairly and efficiently address the issues in dispute. This requires the party pleading to understand the facts and the law as to what is required to support or defend a cause of action and to then state its position clearly and concisely. CONSIDERATION OF THE CLAIMS Claim for Breach of Contract Paragraphs 1(p), 3(a)(iii) 49, 59-60, 73, 75-76, 78-80, 85, 89-90, 92, 94-95, 100-102, 107, 109-111, 128, 152, 156-168, 170, 173-176, 189

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