What is the relevant material facts in a pleading under Rule 3-7(18) of the Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from Muldoe v. Derzak, 2021 BCCA 199 (CanLII):
The requirement to allege a sufficient factual basis for the claim requires the pleading of relevant material facts. The appellant submitted that the current Rules, unlike the former rules, allow pleadings to be in a summary form without the kind of detail that was formerly required. This is not correct. The requirements have not changed in a significant way. Rule 3-7(18) provides that where a party “relies on misrepresentation, fraud, breach of trust, wilful default or undue influence, or if particulars may be necessary, full particulars, with dates and items if applicable, must be stated in the pleading.” As provided by Rule 3‑7(9), “[c]onclusions of law must not be pleaded unless the material facts supporting them are pleaded.” A material fact is one that is essential to formulate a cause of action. If supporting material facts are omitted, a cause of action is not effectively pleaded: Young v. Borzoni, 2007 BCCA 16 at para. 20.
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