whether pleadings contained necessary material facts
Quick Take
1A statement of claim must identify the constituent elements of each cause of action relied upon and plead the material facts supporting those elements; filing affidavit evidence cannot substitute for proper pleadings, which serve the distinct function of defining the issues and enabling the opposing party to admit or deny allegations.
2Where a self-represented litigant has been given multiple opportunities to replead and has repeatedly failed to address identified deficiencies — including by refusing to respond to requests for particulars — the court may refuse further leave to replead and dismiss the proceeding, as there is no utility in permitting further iterations without a real prospect of improvement.
3Requests for particulars between parties in civil litigation are a routine part of pre-trial procedure and need not be the subject of a court order before a party is expected to respond to them.
