s 16.41

General

In force

(1)

A party must state in a pleading, or in a document filed and served with the pleading, the necessary particulars of each claim, defence or other matter pleaded by the party.

Note:

See rule 16.45.

(2)

Nothing in rules 16.42 to 16.45 is intended to limit subrule (1).

Note 1:

The object of particulars is to limit the generality of the pleadings by:

(a)

informing an opposing party of the nature of the case the party has to meet; and

(b)

preventing an opposing party being taken by surprise at the trial; and

(c)

enabling the opposing party to collect whatever evidence is necessary and available.

Note 2:

The function of particulars is not to fill a gap in a pleading by providing the material facts that the pleading must contain.

Note 3:

A party does not plead to the opposite party’s particulars.

Note 4:

Particulars should, if they are necessary, be contained in the pleading but they may be separately stated if sought by the opposite party or ordered by the Court.

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