FavoriteLoadingSave to briefcase | Rating: | By (2012)

  • PrintEmail Link
  • Viewed 592 times | Saved to 294 briefcases
Copland v Commodore Business Machines Ltd. (1985) 52 OR(2d) 586 (SC)


P started employment in 1982, was terminated in 1984 w/o warning


How much info must be set forth in a SoD, in a wrongful dismissal action, when D (employer) seeks to plead dismissal for cause?


The requisite level of material fact disclosure in a pleading is directly related to the nature of the allegations being made.

If immaterial facts make way into pleading, other party can move to strike them out


Material facts must be pleaded – evidence must not be pleaded
**In between concept of “material facts” and “evidence” is the concept of “particulars” – these are additional bits of info that flush out the material facts but are not so detailed as to amount to evidence
**Particulars can be obtained by a party under r.25.10 is party can prove that particulars are necessary to enable him to plead to the attacked pleading

*r.25.06(1) mandates a min level of material fact disclosure and if this level is not reached the remedy is not a motion for particulars but rather to strike out the pleadings as irregular
*r.25.07(4) – A party must plead any matter in which the party intends to rely to defeat the claim of the opposite party

This case
**The min level of material fact disclosure for a SoD in this case is very high – pleading must contain sufficient detail so that the employee and court can ascertain the exact nature of the questions to be tried


Failed to meet the min level of material fact – court stroked out para’s containing deficient allegation


Facts that simply tend to prove allegations already made tend to fall into the category of evidence and are typically not pleaded

Leave a Comment

You must be logged in to participate.

This document is a general discussion of certain legal and related issues and must not be relied upon as legal advice. This document may not have been written or reviewed by a legal practitioner. For more information, please see the website Terms of Service.