Thursday, March 2, 2017

Lawsuits are to be determined on the pleadings

Moore v. Sweet, 2017 ONCA 182:

[39]        This Court has made it clear on a number of occasions that lawsuits are to be decided within the boundaries of the pleadings (i.e., the documents framing the issues), and based on findings and conclusions that are "anchored in the pleadings, evidence, positions or submissions of any of the parties". Otherwise, they are "inherently unreliable" and "procedurally unfair, or contrary to natural justice". When a judge steps outside of the case as it was "developed by the parties" to decide a given issue, the parties are deprived of the opportunity to make submissions and to "address that issue in the evidence." See Rodaro, at paras. 60-63; Labatt Brewing, at paras. 5-7; 460635 Ontario Ltd. v. 1002953Ontario Inc. (1999), 127 O.A.C. 48 (C.A.), at para. 9; A-C-H International Inc. v. Royal Bank of Canada (2005), 254 D.L.R. (4th) 327 (Ont. C.A.).

Of the Law Societies of Upper Canada and Nunavut 

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