The moving party sought an order compelling the responding party to provide further particulars of allegations contained in a statement of defence and counterclaim in a commercial dispute concerning an equity investment and alleged misrepresentations.
The responding party argued that the request amounted to premature discovery and that extensive documentary evidence had already been produced in related proceedings.
The court reviewed the governing principles under the Rules of Civil Procedure regarding when particulars are required to allow a party to plead and to define the issues.
The court held that several allegations concerning breaches of agreements, statutory violations, and misrepresentations required additional specificity.
Particulars were ordered for multiple categories of allegations, subject to later submissions on costs.
