I had occasion to consider pleadings in Fairbanks v. Nova Scotia 2000 CanLII 1677 (NS SC), 190 N.S.R. (2d) 120. I referred to Williston and Rolls, The Law of Civil Procedure (1970) at page 647. The authors state: “It is an elementary rule in pleading that when a state of fact is relied on, it is enough to allege it simply without setting forth the subordinate facts which are the means of proving it or the evidence to sustain the allegation. While generally any fact which may be given in evidence may be pleaded, the pleading of a fact which is only relevant insofar as it tends to prove a material allegation is in the nature of pleading evidence and will be struck out.”
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