Most litigators have encountered a poorly drafted Statement of Claim that their client is obligated to respond to or risk default judgment. A poorly drafted claim may make serious allegations against the Defendant but fail to adequately detail the supposed wrongdoing. This creates a difficulty for the Defendant, as it lacks the detail it needs to properly respond to the allegations, but is obligated to do so, nonetheless.
A Demand for Particulars is a demand for further information regarding the underlying facts of the claim. For example, if the Plaintiff claims that her car was stolen by the Defendant, the Defendant may demand to know what type of car was stolen, when the car was stolen, and where the car was stolen from. However, litigants must be mindful that they may not demand particulars that are already within their knowledge or plainly obvious. If a Demand for Particulars is appropriate, the Defendant should immediately deliver it to the opposing party, as a Defendant only has 20 days to prepare, serve and file its Statement of Defence (Defendants can buy themselves an extra 10 days by serving and filing a Notice of Intent to Defend within the 20-day period). The Plaintiff then has seven days to respond to the Demand for Particulars. (See Rule 25.10).
Demands for Particulars and Requests to Inspect are useful tools that can provide focus and clarity to the proceedings and permit the Defendant to better respond to the issues in dispute.
This entry was authored by Scott G. Lemke
Information herein is NOT legal, financial or investment advice. Should you have questions with respect to the information herein, please contact Lemke Law Professional Corporation