This consultation memorandum addresses five topics concerning pleadings: fundamental principles; contents of pleadings; Rules applicable to defences; reply, joinder of issue and close of pleadings; and formalities of pleadings. Regarding fact pleading the Committee found that problems arising from them were due to poor practice and that there was no need to change to a notice pleading system. The Committee decided against having either the client or the lawyer certify the pleadings, but recommends that changes should be made to clarify the requirements of the Rules regarding contents of pleadings. This would facilitate lawyers’ compliance with the Rules and assist courts in enforcing them. Remedies should be pleaded specifically, including: the type of remedy sought, as well as the type of damages; and the amount of damages. For a claim for interest, the basis for the claim and the calculation of the interest should be specified. Regarding Rules applicable to defences, the Committee proposes to retain Alberta’s present approach. Silence should continue to constitute a denial and the Rules should continue to permit a general denial. The filing of a joinder of issue should no longer be permitted, and the Committee recommends that replies should be employed only to plead new matters or make admissions. Pleading should close with the filing of a reply or the expiry of the time to file. The Committee also made several proposals relating to the formalities of pleadings and other documents.
Consultation Memoranda
Back to Publication SearchRules: Pleadings, Consultation Memorandum 12.8
Resource Details
Publication No: | 12.08 |
FORMAT: | Publications |
TAGS: | Appeal, Court, evidence, Limitation, Practice, Rule, Service, Substantive, Validity |
FILE: | cm0128.pdf |