![]() ![]() ![]() (1) that you basically ignore the allegation. There could be three ways or more but the two ways that I can suggest are: How do you respond to a bald allegation? I could suggest two ways. There are three things that I have underlined: (1) two years-it happened in the last two years and the plaintiff’s manager (2) frequently-how do you define frequently? How many times did it occur? When did it occur exactly? (3) Harassed the plaintiff-what did the manager exactly do? This is a very broad, vague allegation and if you’re faced with this allegation you actually don’t need to respond to it because you don’t know the particulars of this allegation. In an employment law context, let’s say that one fact in the statement of claim alleges that “in the last two years the plaintiff’s manager frequently harassed him”. Let’s take an example of a bald allegation and then we will explain how to deal with that specific allegation. If you are faced with allegations that are improper or bald allegations then how do you deal with those allegations? How do you respond to those? A lot of times you get pleadings that contain allegations which are bald or vague allegations and they are considered improper pleadings and problematic. When you are drafting a pleading you have to specify each fact that you’re relying on to support your case. For today’s lecture we are focused on a concise statement of material facts. We’ll talk about the Rules of pleading in a separate lecture. “Every claim shall contain a concise statement of the material facts on which the party relies for the claim or defence but not the evidence by which those facts are to be proved” By the way if you’re drafting pleadings it is very important for you to review this rule in detail because it applies to what kind of content you can provide in your pleadings. Let me take you to the Rule that we can follow: Rule 25.06. We’ll begin with a basic Rule of all pleadings which is contained in Rule 25.06 (1), which essentially says that the pleadings-whether it’s claimed, defense or reply or cross claim should contain a concise statement of the material facts. If you have any specific questions about your case you should contact a lawyer or a paralegal or contact the Law Society of Ontario for a referral. We begin with our usual disclaimer that this course and lecture is not legal advice. How do you go about doing that? We will explain that in this lecture. In those circumstances you can actually ask the other side to provide particulars. Since you don’t understand what is being alleged, it is very hard for you to respond to it. Sometimes you receive pleadings from the other party which contain certain allegations that you’re not really clear about-you don’t quite understand exactly what the other side is alleging. Welcome everyone this is Amer Mushtaq from YouCounsel. ![]()
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