If the factual situation was pled in terms of duty, breach and damage relating to negligent building of the house, would that pleading have been sufficient?
Alberta, Canada
The following excerpt is from Peterson v. Lukinuk, 1988 CanLII 3799 (AB QB):
I would be quite prepared to hold, following the reasoning in Bailey v. Reynolds, supra, that had the factual situation been pled in terms of duty, breach and damage relating to negligent building of the house, the pleading would have sufficed, but clearly it was directed to different issues altogether and the defendants framed their defence on those other issues.
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