Background & purpose of the system 1 basic institutions, processes, and players 3

Statement of Claim

• Basic content:

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    Reflects purposes
    
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    Legally cognizable cause of action must be disclosed, and further:
    
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    Under rule r. 25.06(1):
    
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      Every pleading shall contain a concise statement of the material facts on which the party relies ... but not the evidence by which those facts are to be proved.
      
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    Material facts* = facts that make out elements of claim
    
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      Difference between material facts, evidence, and particulars (Copland v. Commodore). Pursuant to 25.06(1), only need to know enough particular facts to make out legally cognizable cause of action; don’t put evidence in pleading
      
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      r.25.06(8) Court can give discretionary remedy of particulars under r.25.10 if minimum level of material fact disclosure has not been reached in pleadings (see below) (Copland v. Commodore
      
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      Level of specificity may depend on the type of relief sought – e.g. pleadings for punitive damages must be rigorous (Whiten v. Pilot Insurance).
      
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        (r. 25.06)(8) Where fraud, misrepresentation, breach of trust, malice or intent is alleged, the pleading shall contain full particulars”
        
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    Relief and damages (type and level) must be specified (r. 25.06(9)) (Whiten v. Pilot Insurance).
    
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  Sets the stage for discovery – if something is not in there, you can’t get at it later on
  
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  Typically do not plead law, but r.25.06(2) says conclusions of law may be pleaded only if the material facts supporting them are pleaded
  
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    Don’t plead assertions of causes of action/law, plead facts that make out those elements; however, in order to give your narrative flow, there may be pieces of information not strictly related to material facts (Copland v. Commodore)
    
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  Inconsistent allegations only permissible if clear they are being pleaded in the alternative – e.g. “if not contract then tort” (r. 25.06(4))
  
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  Recall joinder of parties and claims as necessary (r. 5)