A pleading asserting an implied contractual term (at least where the contract is oral and the term is implied in fact rather than by law) constitutes an allegation of fact for the purposes of SCR Pt 15 r 20, such that failure to traverse it operates as a deemed admission. Where a trial judge fails to make findings on disputed questions of causation and breach, a new trial will be ordered even where some elements of the claim are established by deemed admissions on the pleadings.
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