UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.14 General rule as to matters to be pleaded specifically

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 14.14

14.14 General rule as to matters to be pleaded specifically

(cf SCR Part 15, rule 13; DCR Part 9, rule 9)

(1) In a statement of claim, the plaintiff must plead specifically any matter that, if not pleaded specifically, may take the defendant by surprise.

(2) In a defence or subsequent pleading, a party must plead specifically any matter--

(a) that, if not pleaded specifically, may take the opposite party by surprise, or

(b) that the party alleges makes any claim, defence or other case of the opposite party not maintainable, or

(c) that raises matters of fact not arising out of the preceding pleading.

(3) Matters which must be pleaded pursuant to subrule (2) include (but are not limited to) fraud, performance, release, statute of limitation, extinction of right or title, voluntary assumption of risk, causation of accident by unknown and undiscoverable mechanical defect and facts showing illegality.