What is the test for pleading material facts in a personal injury action?

Ontario, Canada


The following excerpt is from Metz v. Tremblay-Hall, 2006 CanLII 34443 (ON SC):

The extent to which material facts must be pleaded, and the consequences of a failure to plead those materials facts, are set out by Cameron J. in Balanyk v. University of Toronto, supra, at para. 29. The plaintiff must plead all the material facts on which it relies and all of the facts which it must prove to establish a cause of action which is legally complete. If any fact material to the establishment of a cause of action is omitted, the statement of claim is bad and the remedy is a motion to strike the pleadings, not a motion for particulars.

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