Pleadings define the issues, provide the boundaries and context for pre-trial case management and define the extent of disclosure required

Lax Kw’alaams Indian Band v. Canada (Attorney General), 2011 SCC 56 released earlier this week deals, with whether Aboriginal rights claim should be characterized based on pleadings or a broader enquiry.  In so doing the Court made a very important comment about the importance of pleadings in civil litigation:

 

[43]  … Pleadings not only serve to define the issues but give the opposing parties fair notice of the case to meet, provide the boundaries and context for effective pre-trial case management, define the extent of disclosure required, and set the parameters of expert opinion.  Clear pleadings minimize wasted time and may enhance prospects for settlement.