Montana Band v. Canada
T-617-85
Giles A.S.P.
19/1/96
3 pp.
Most matters in issue occurred before or shortly after Great War-Most probable evidence will be mostly, if not entirely, documentary-Plaintiff seeking order requiring defendant to indicate which documents relied upon to support case-So far as bulk of particulars concerned, request to identify documents request for evidence-Nature of defendant's case and facts on which based sufficiently particularized for purpose of pleading, with exception mentioned hereafter-As R. 409 requiring particular pleading of any statute of limitations, therefore, sections of Alberta Limitation of Actions Act, 1980 other than those set out in pleading must be specifically pleaded-With regard to pleadings of laches, acquiescence, delay and waiver, particulars requested and defendant in reply indicated any facts in support of such pleadings would be supplied after discovery of plaintiffs, implying defendant having no knowledge of any facts on which to base allegations-As noted by Addy J. in Caterpillar Tractor Co. v. Babcock Allat Ltd. (1982), 67 C.P.R. (2d) 135 (F.C.T.D.), when becomes apparent party having no facts to support pleading, it should not be permitted to stand, and implied that at pleading stage, appropriate to demand particulars of such facts-Federal Court Rules, C.R.C., c. 663, R. 409.