Is a plaintiff required to produce specific particulars of the allegation of fraud or fraud until after discoveries have been concluded?
Manitoba, Canada
The following excerpt is from Stelter v. TD Canada Trust et al, 2006 MBQB 56 (CanLII):
The plaintiff has referred the court to several cases in support of its submission that in cases where fraud is alleged and it appears that the particulars sought are generally within the knowledge of the defendant against whom the allegations are made, the plaintiff is not, in the ordinary course of events, required to produce specific particulars of the allegation until after discoveries are concluded. One of these is Gauthier v. Wortzman (supra).
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