In what circumstances will a plaintiff be able to justify his past life?

Prince Edward Island, Canada


The following excerpt is from Stetson v. MacNeill, 1997 CanLII 4602 (PE SCTD):

As Mr. Justice Laycraft said in Drake v. Overland, supra at p. 328: In my view this distinction between the rolled up plea and justification makes no difference to the need for particulars. In both cases the defendant alleges the truth of the statement of fact he has made, though the peculiar form of the rolled up plea in this case also appears to allege the truth of facts alleged in the newspaper at other times and implicitly or explicitly referred to in the article. In neither case, however, can a plaintiff be expected to come to trial prepared to justify without warning whatever part of his past life the defendant proposes to raise. In both cases fairness as well as fundamental principles of pleading require that the issues in dispute between the parties be defined with precision. The general allegations against the plaintiff must be so particularized as to enable him to know the charges which the defendant proposes to make against him.

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