What is the test for pleading under Rule 21.01, 25.11 and 25.06 of the Rules of Civil Procedure?

Ontario, Canada


The following excerpt is from Mahmood Wali Mahmad v. Ottawa Police Services Board et al., 2017 ONSC 6276 (CanLII):

In paragraph 27 of Balanyk v. University of Toronto, 1999 CanLII 14918, Cameron J. determines that to assess the adequacy of pleadings under Rules 21.01, 25.06 and 25.11, the judge must keep in mind their purposes which are: (a) to define clearly and precisely the question in controversy between the litigants; (b) give fair notice of the precise case which is required to be met and the precise remedies sought; and (c) assist the court in its investigation of the truth of the allegations made.

In Thode v. University of Ottawa, [2012] O.J. No. 6080, McNamara J. determined that the threshold for sustaining a pleading is not a high one. Accordingly, “[m]otions under rule 21.01 will only succeed where it is plain and obvious, assuming the facts plead to be true, that the pleading discloses no reasonable cause of action. The approach must be generous and err on the side of permitting a novel but arguable claim to proceed.”

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