Does a party have the power to treat a statement in the particulars as a fact alleged in the pleading?

But this does not completely deal with the concern that was expressed in Pearson [Pearson v. Inco Ltd., 2001 O.J. No. 4990]. It is one thing to treat a document as incorporated into particulars when it is clear that the particulars are asserting and incorporating the whole document, such as an agreement, but doing so in a summary fashion. It may be quite another to pick out one statement, but not others, from a different kind of document referred to in particulars, and treat that statement as a fact alleged in the particulars, and therefore in the pleading, while not treating other statements in the same document the same way. The situation becomes more complicated when a statement in a document is subject to interpretative issues that cannot be resolved on a r. 21 motion.