A motion for particulars usually will not be granted unless the moving party deposes that the particulars are not within his or her knowledge and that they are needed to plead; however, a supporting affidavit is not required if the allegations are so general and bald that it is clear that particulars of them are necessary (Pennyfeather v. Timminco Ltd., [2011] ONSC 4257).
Identification of a litigant’s position on material facts may be required by way of response to a Demand for Particulars (See Pillai v. Pillai, (July 21, 2015) Newmarket CV-15-0122633 (S.C.J.)).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
What is the current state of the law on liability for breach of contract where a third party has been found to have breached the contract? (Ontario, Canada)
What is the test for interpretation of a commercial contract where the contract states that the contract is not a "contract with respect to the context or factual matrix"? (Ontario, Canada)
How have courts dealt with a breach of a contract of suretyship under seal where a principal has been found to have breached the contract? (Ontario, Canada)
What is the test for a party to a contract where the contract is not binding and the terms of the contract are not binding? (Ontario, Canada)
Can a pleading containing claims of misrepresentation be pleaded more particularity than other pleadings? (Ontario, Canada)
Can an employer in a contract of services claim from the contractor on the ground of breach of contract damages? (Ontario, Canada)
Can a plaintiff plead negligent misrepresentation and breach of contract? (Ontario, Canada) Can a plaintiff plead breach, breach and equity concurrently? (Ontario, Canada)Can a principal be held liable for breach of contract if a third party agrees to contract without consulting the principal? (Ontario, Canada)
What are the factors used to determine whether a party who has not made full disclosure under a contract signed a contract with another party would have signed the contract even if the disclosure had not been made? (Ontario, Canada)