Is there any inadequacy in the pleadings in relation to successor liability?

Respecting the Province’s position concerning successor liability in relation to some of the affected defendants, I am similarly not persuaded that there is any inadequacy in the pleadings which, at this stage of the proceedings, need be addressed by further particulars. I have already acknowledged the defendants’ more fundamental position that there is no tenable theory in Canadian law for successor liability in a case such as this one. However, separate and apart from that legal question, assuming without deciding that successor liability is arguable as a theory (see New Brunswick v. Rothmans Inc., 2010 NBQB 381 at paras. 105-116, 373 N.B.R. (2d) 157), the defendants are not correct in the present case to suggest that the pleadings fail to provide the basis (the material facts) for responsibility.