SNIPER PRESSURE SERVICES LTD v NORTHBRIDGE GENERAL INSURANCE COMPANY

This Application was a request for particulars, pursuant to Rule 3.61. The Plaintiff owned a building that was insured by the Defendant. In the underlying Action, the Plaintiff sued the Defendant for amounts owing under the insurance policy following damage to the building. The request for particulars related to the amounts of the partial payments made to the Plaintiff and the alleged amounts the Defendant had failed to pay.

The Court confirmed that an Order for particulars is at the Court's discretion, having regard to what is fair and reasonable and whether the allegations are too vague to proceed without further detail.

The Defendant had not filed a substantive Affidavit with the Application for particulars. Referencing the applicable case law, Justice Becker Brookes explained that, in the absence of an Affidavit, the Defendant must show that the allegations in the Statement of Claim are so general and vague that the need for particulars is evident.

The Court held the standard was not met. The Statement of Claim set out specific values for the Plaintiff's losses, the amount of the Defendant's partial payment, and the amount claimed to be owing under the insurance policy. Despite the Plaintiff using rounded and estimated numbers, Justice Becker Brookes found this to be sufficiently clear and detailed to allow the Defendant to understand the case to meet and formulate a defence.

The Application was dismissed.