Master MacLeod gives a boost to role of particulars under new Ontario rules

18 Jun

In a decision issued June 6th, Master MacLeod of the Ontario Superior Court of Justice asked whether particulars should be more readily ordered under the Ontario rules given the relationship between pleading, discovery and expense. He concluded:

All of this is to say that the requirement of particulars for the purpose of pleading should not be construed too narrowly. A request for particulars should be upheld if it appears that it will result in a more focused and intelligent pleading and it should be refused if it simply adds another unnecessary step or delays the progress of the action.

Master MacLeod is on Sedona Canada and clearly cares to encourage efficient litigation. He has demonstrated a unique willingness to take a detailed look at how parties have conducted a step in a proceeding (as opposed the steps taken) and hold them to account: see e.g., L’Abbé v Allen-Vanguard.

Ottawa (City) v. Cole & Associates Architects Inc., 2012 CarswellOnt 7204.

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