Before going to the various arguments raised by counsel for the defendants as to specific portions of the amended statement of claim, I must note that in many respects the amended statement of claim is prolix and not expressed in elegant fashion, nor does it appear to restrict itself to material facts. It is important to note that a pleading is in relation to material facts and not matters of evidence by which the material facts are to be proved, even though the evidence will be relevant at trial. The manner in which the amended statement of claim has been prepared requires a close reading in order to determine what material facts are relied on for a particular cause of action which might arise. In this respect, I am of the view that the amended statement of claim need not identify the cause of action being advanced and that the only requirement is that the statement of claim set forth the material facts relied on together with the relief sought. (see Alford v. Canada, supra).
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