What are the factors that apply when a party seeks to plead to a finding that a party has not followed the 5 factors in its pleading?
Ontario, Canada
The following excerpt is from Close Up International Ltd. v. Yakubovsky, 2006 CanLII 19434 (ON SC):
In Prism Data Services Ltd v. Neopost Inc., [2003] O.J. No. 2994 I reviewed various principles at paragraph 9 that apply when a party seeks to plead allegations of similar facts. I am not going to repeat the 5 factors here. The plaintiff has not followed any of those principles in its pleading and paragraphs 31 and 32 are therefore struck out. The first sentence of paragraph 42 is not a material fact, is irrelevant and is struck out. Alternatively, it is evidence.
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