Is a statement of claim referring to a verbal agreement valid or binding?

As noted earlier the statement of claim does not state whether the agreement referred to therein is written or verbal. It might be argued that this statement of claim does not actually refer to any document and that R. 191 does not apply. In my opinion to so decide would be placing too narrow an interpretation in R. 191. In Smith v. Harris (1883), 48 L.T. 869 a somewhat similar argument was advanced on behalf of the party which was resisting an application to produce documents. Counsel in that case conceeded that the pleading in question referred to documents, but argued that it did not refer to specific documents and that an order given in a lower court requiring production should be set aside. The court rejected this argument and held that such an interpretation would be an unwarranted restriction of the rule.