LEGAL PRINCIPLE: CIVIL PROCEDURE – Pleadings – Traverse of Allegations – Requirement for Specificity
PRINCIPLE STATEMENT
In order to raise an issue of fact, whether with regard to the averments pleaded in a plaintiff's Statement of Claim or in respect of matters reflected in survey plan, there must be a proper traverse; if a defendant refuses to admit a particular allegation in the Statement of Claim or plan, they must state so specifically.
RATIO DECIDENDI (SOURCE)
"In order to raise an issue of fact, whether with regard to the averments pleaded in a plaintiff's Statement of Claim or in respect of matters reflected in his survey plan, there must be a proper traverse. If a defendant refuses to admit a particular allegation in the Statement of Claim or plan, he must state so specifically."
EXPLANATION / SCOPE
“Proper traverse” requires specific denial or non-admission of particular allegations. To raise factual issues, defendants must: specifically identify what they dispute, state clearly they don’t admit specific allegations, and particularize their challenge. General or vague denials are insufficient—defendants must: specify which allegations are disputed, state their position clearly (deny, don’t admit, or admit different facts), and enable plaintiff to know what’s contested. This applies to: Statement of Claim averments (factual allegations), and survey plan matters (boundaries, features, measurements). “State so specifically” means: identify the disputed allegation precisely, indicate nature of dispute (deny, modify, or qualify), and provide basis if alleging different facts. Without specific traverse: allegations stand admitted, no issue is raised for trial, and defendant cannot contest at trial what wasn’t traversed in pleadings. This serves: defining issues for trial, giving plaintiff fair notice of disputes, and preventing trial by ambush. Proper pleading practice requires defendants to: read claims carefully, identify disputes specifically, and traverse clearly. Vague or general responses: don’t raise issues, may be treated as admissions, and prevent later contest of untraversed matters. This enforces fundamental pleading discipline