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
**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