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Pleading a defence to a breach of contract claim in British Columbia

Research articles : 
Michael Dew is a Vancouver lawyer who practices in all areas of civil litigation (including ICBC cases). Click here for contact information and further details about Michael’s practice.

 
Synopsis
Rule 21(3) of the Rules of Court, B.C. Reg. 221/90 says that pleadings in defence of breach of contract claims made under the Rules of Court must specifically deny the matters of fact plead in the statement of claim. However, in the case of Patym Holdings Ltd. v. Michalakis, 2005 BCCA 636 [Patym] the British Columbia Court of Appeal held that Rule 21(3) does not require the defendant to identify the specific allegations of fact made by the plaintiff that the defendant disagrees with. Rather, it is sufficient for the statement of defence to “deny each and every allegation of fact contained in the Plaintiff’s Statement of Claim”.  
 
Introduction
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