What is the test for a roll-up pleading?

Alberta, Canada


The following excerpt is from Merit Contractors Assn. v. Regional Council of Carpenters and Allied Workers, 2001 ABQB 139 (CanLII):

At page 480 of Drake v. Overland Laycraft J.A. said this: The utility of such a rule of practice becomes evident on a review of these pleadings. The “roll-up” plea here is based upon the “facts” stated in the article and upon some other facts “stated in the said newspaper or referred to explicitly or implicitly in the said article”. It is left to the plaintiff to work out which statements are facts and which are opinions. In addition, after working his way through the very general allegations against him in the article, he has the task of determining what other things said in the newspaper at some other unstated time are implicitly referred to in the article. Any of these things, the defendants say they are entitled to bring forth in the examination for discovery and later at the trial of the action. I cannot believe our system of pleading permits the parties to proceed through the trial process on any such ill-defined issues.

Other Questions


Is an application to strike out a pleading on the ground it does not disclose a cause of action an attack on the sufficiency of the pleading? (Alberta, Canada)
What is the test for a pleading of conspiracy? (Alberta, Canada)
What is the test to amend a pleading? (Alberta, Canada)
What is the test for pleading guilty in a personal injury case? (Alberta, Canada)
Can a pleading deficient result in an action being struck? (Alberta, Canada)
Is there any case law or precedent in which a plaintiff has been ordered to produce documents in the pleadings? (Alberta, Canada)
Can a pleading be amended no matter how careless or late is the party? (Alberta, Canada)
What is the test for a defendant to plead not guilty to a charge of deceit or fraudulent misrepresentation? (Alberta, Canada)
What is the test for a defendant to plead justification in a defamation case? (Alberta, Canada)
Is there any case where a motion for leave to amend was considered only of the existing pleadings and the proposed amendments? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.