What is the test for pleading in a defamation case?

Newfoundland and Labrador, Canada


The following excerpt is from Al-Haidari v. Memorial University of Newfoundland, 2020 NLSC 27 (CanLII):

This requirement was also referred to in Miller v. Squires, 2008 NLTD 25 per Hoegg, J. (as she then was) at paragraph 11: 11. In addition to the central issue of whether the impugned pleadings cannot succeed at law, it is my view that the Defendants are entitled to know the case they have to meet at trial. It is elementary fairness. It is also important for the trier of fact, be it judge or jury, that a case be clearly and chronologically set out in the pleadings. In a defamation suit, the material facts supporting the constituent elements of defamation must be pleaded.

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