Matter which must be pleaded
13.07 Matter which must be pleaded
(1) A party shall, in a pleading subsequent to a statement of claim, plead specifically a fact or matter which:
(a) the party alleges makes a claim or defence of the opposite party not maintainable;
(b) if not pleaded specifically, might take the opposite party by surprise; or
(c) raises a question of fact not arising out of the preceeding pleading.
(2) In a proceeding for the recovery of land:
(a) the endorsement of a claim on the writ or, if that endorsement does not constitute a statement of claim, the statement of claim, shall describe the land so that it is physically identifiable; and
(b) the defendant shall plead specifically every ground of defence on which he relies and a plea that he is in possession of the land by himself or his tenant is not sufficient.
(3) A claim for exemplary damages shall be specifically pleaded together with the facts on which the party pleading relies.
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