Pierre E. Roger

The defendants brought a motion seeking particulars of allegations in an amended statement of claim relating to copyright infringement in computer software.

The court held that the allegations, together with the particulars already provided, were not bald and that the defendants bore the onus of establishing that the requested particulars were not within their knowledge and were necessary to plead a defence.

The only evidence filed was an affidavit from the defendants’ lawyers, which the court found insufficient to satisfy that burden.

The court declined to exercise its discretion under Rule 25.10 of the Rules of Civil Procedure to order particulars.

The motion was dismissed with costs, subject to a temporary stay permitting the defendants to file further affidavit evidence and potentially have the motion return.