Pleadings and Summary Disposition

Overview

This lecture covers the role and rules of pleadings in civil procedure, and explains the mechanisms for summary disposition including default and summary judgments, discontinuance, and how courts manage abusive or vexatious litigation.

Pleadings: Role and Structure

• Pleadings are documents exchanged between litigants outlining material facts to be alleged at trial.
• They serve to inform the court and parties of matters to be decided, define issues, and set limits of evidence and disclosure.
• Common pleadings include claims, defenses, replies, and optional pleadings like cross-claims.
• Amendments to pleadings are allowed as more information emerges.
• UCPR Rule 149 requires pleadings to be brief, state all material facts (but not evidence), specify claimed relief, and cite legal provisions if relied upon.
• Material facts are those needed to establish a cause of action or defense so that, if proved, the party is entitled to relief.
• Alternative and inconsistent facts can be pleaded, but must be clearly stated.
• Pleadings should avoid immaterial facts but may include preliminary information like party details.

Pleading Formalities and Drafting

• UCPR Rule 146 specifies formal requirements like numbering, signing, headings, and separating allegations by paragraphs.
• Plain English drafting is encouraged; avoid archaic legal jargon ("legal fossils").
• Use active voice, define terms when necessary, include headings, and use vertical lists for clarity.

Claims, Defenses, Counterclaims, and Replies

• The initial pleading is a claim (form 22) with a statement of claim; must show a cause of action and all material facts.
• Defendants must plead all facts showing the claim is not maintainable and all new grounds of defense.
• Defenses use form 17; counterclaims use form 18 and must follow the same rules as claims.
• Parties must directly answer each allegation; unaddressed facts are deemed admitted unless denied or not admitted with explanation (UCPR 166).
• Defendants may admit/deny allegations or plead confession and avoidance.
• Counterclaims allow defendants to make claims against plaintiffs; set-off is a defense, not a separate action.
• Replies address defenses but cannot introduce new causes of action.

Particulars and Enforcement

• Certain allegations require detailed particulars (e.g., fraud, misrepresentation).
• Clear particulars help prevent surprise and limit evidence at trial.
• Lack of adequate particulars may result in court orders for clarification and possible cost penalties.

Striking Out and Abuse of Process

• Courts can strike out pleadings that do not disclose a cause of action or are otherwise objectionable (UCPR 162, 171).
• Problematic litigants or abuse (e.g., vexatious claims, non-compliance) can result in stays, dismissal, cost orders, or adverse judgments.
• Courts balance access to justice against efficiency and fairness.

Summary Disposition: Default and Summary Judgment

• Default judgment occurs when a party fails to take required procedural steps (e.g., failing to file a notice of defense).
• Plaintiff obtains default judgment as of right, subject to proof of service.
• Default judgments can be set aside if the defendant shows a meritorious defense and explains the default.
• Summary judgment is available if the claim or defense has no real prospects of success (UCPR 292-293).
• Applications for summary judgment require affidavits and prior service; courts can set aside summary judgments in certain cases.

Discontinuance and Abuse of Process

• Parties may discontinue proceedings with or without leave, subject to timing and potential cost penalties (UCPR 304-305).
• Discontinuance is not a judgment and does not bar future proceedings (no res judicata).
• Proceedings may be stayed or dismissed as an abuse of process if they are unfair, improper, or vexatious.
• Vexatious proceedings can result in a litigant being declared a "vexatious litigant," severely limiting future claims.

Interest

• Courts may award pre-judgment and post-judgment interest to compensate plaintiffs for delayed payment (Civil Proceedings Act ss 58, 59).

Key Terms & Definitions

• Pleading — A document setting out material facts and relief claimed in litigation.
• Material fact — Essential facts needed to establish a legal claim or defense.
• Default judgment — Judgment entered due to a party’s failure to take a required procedural step.
• Summary judgment — Early termination of a case because there is no real prospect of success for one party.
• Particulars — Specific details of allegations required to clarify the case being made.
• Set-off — A defense where the defendant claims the plaintiff owes them a debt, reducing the amount claimed.
• Vexatious litigant — A party declared by the court to be habitually abusive of court processes.

Action Items / Next Steps

• Review UCPR rules, especially 146, 149, 150, 151, 154, 165, 166, 171, 173, 280-305.
• Examine examples of pleadings and their required formats.
• Read about plain English drafting in pleadings.
• Prepare for next lecture on disclosure.