What is the difference between the pleadings in paragraphs 32 and 33 and 33 of the pleading conclusions of law?

Ontario, Canada


The following excerpt is from Chan v. St. James (King-Jarvis) Inc., 2003 CanLII 13434 (ON SC):

I agree with the defendant on the following two issues. First, in my opinion the pleadings in paragraphs 32 and 33 plead conclusions of law, namely causes of action under nuisance and under the principle in Rylands v. Fletcher, without pleading all material facts in support of those pleadings. The pleadings merely allege unspecific surface and underground water seepage, a vague issue of snow load (in addition to the alleged failure of the other defendant to honour its obligations to take certain actions with respect thereto in its agreement with the plaintiffs) and unspecified losses and damages.

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