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Copland v Commodore Business Machines Ltd. (1985) 52 OR(2d) 586 (SC)

Facts:

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

Issue(s):

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

Ratio:

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

Analysis:

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

Holding:

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

Comments:

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


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