Fortier 2000 Ltée. v. Matiere

Fortier 2000 Ltée. v. Matiere

The motion for further and better particulars was dismissed with costs because the text of paragraph 22 together with the additional particulars provided were adequate, the defendant failed to justify by affidavit both the need for additional particulars and the harm caused by their alleged absence, and there was no basic deficiency in the pleadings warranting further particulars; likewise, no amendment to the affidavit of documents was required.

Citation
2003 FCT 351
Parties
Plaintiff; Defendant to Counterclaim: Fortier 2000 Ltée; Defendant; Plaintiff by Counterclaim: Marcel Matière; Plaintiff by Counterclaim: Béton Provincial Ltée
Court
Federal Court
Jurisdiction
Canada
Judgment Date
26 March 2003
Procedural Posture
Civil Motion for Further and Better Particulars / Interlocutory Motion / Pre Trial
Outcome
Motion dismissed with costs
Legal Topics
Further and Better Particulars, Affidavit of Documents, Examinations for Discovery, Counterclaim
Source Language
English
Civil Procedure Pleadings Discovery Further and Better Particulars Affidavit of Documents Examinations for Discovery Counterclaim

Case Brief

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Parties

Fortier 2000 Ltée

Plaintiff; Defendant to Counterclaim

Marcel Matière

Defendant; Plaintiff by Counterclaim

Béton Provincial Ltée

Plaintiff by Counterclaim

Procedural Posture

Civil Motion for Further and Better Particulars / Interlocutory Motion / Pre Trial

Legal Issues

  1. 1 Whether the defendant/plaintiffs by counterclaim are entitled to further and better particulars regarding paragraph 22 of the amended reply and defence to the counterclaim
  2. 2 Whether the plaintiff must amend its affidavit of documents
  3. 3 Whether the defendant needed to justify by affidavit both the need for additional particulars and the harm caused by the alleged lack of particulars

Ratio Decidendi

The motion for further and better particulars was dismissed with costs because the text of paragraph 22 together with the additional particulars provided were adequate, the defendant failed to justify by affidavit both the need for additional particulars and the harm caused by their alleged absence, and there was no basic deficiency in the pleadings warranting further particulars; likewise, no amendment to the affidavit of documents was required.

Court Disposition

Motion dismissed with costs

Orders

  • Motion for further and better particulars regarding paragraph 22 dismissed with costs
  • No amendment to the plaintiff's affidavit of documents required