Does a plaintiff have to seek further particulars of relevant facts when the defense of justification and fair comment is bare bones?

Nova Scotia, Canada


The following excerpt is from Kent v. Kehoe, 1999 CanLII 4610 (NS SC):

I agree that the plaintiffs are not obliged to seek further particulars of relevant facts when the defense of justification and fair comment is bare bones. The rule limiting discovery of the plaintiff to the particulars pleaded by the defendant applies, even if the plaintiff did not, as here, make a demand for particulars: See Canadian Libel Practice, supra, at 418 and 419 and Drake v. Overland, supra.

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