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At 01 March 2019, after just over one year's medical leave,
Simon's law practice will re-open. Whoo-hoo ....!
- 12 February 2019

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Pleadings - Must Allege Issues Fully

Holmes v. Hatch Ltd. (Ont CA, 2017)

In this case the Court of Appeal reiterated and applied the pleadings principle that all issues to be advanced by a party must be set out in the pleadings so as to give adequate notice of the issue to the other parties:
[7] The law assumes that the parties’ pleadings properly delineate all relevant claims in dispute and define the issues. In Rodaro v. Royal Bank (2002), 2002 CanLII 41834 (ON CA), 59 O.R. (3d) 74 (C.A.), at para. 60, this court described the operative principle in this fashion:
It is fundamental to the litigation process that lawsuits be decided within the boundaries of the pleadings. As Labrosse J.A. said in 460635 Ontario Ltd. v. 1002953 Ontario Inc., 1999 CanLII 789 (ON CA), [1999] O.J. No. 4071 (Ont. C.A.), at para. 9:
The parties to a legal suit are entitled to have a resolution of their differences on the basis of the issues joined in the pleadings. A finding of liability and resulting damages against the defendant on a basis that was not pleaded in the statement of claim cannot stand. It deprives the defendant of the opportunity to address that issue in the evidence at trial.
See also A-C-H International Inc. v. Royal Bank (2005), 2005 CanLII 17769 (ON CA), 197 O.A.C. 227; Labatt Brewing Co. v. NHL Enterprises Canada L.P., 2011 ONCA 511 (CanLII), 106 O.R. (3d) 677.

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