Commercial Union Assurance Co. PLC. v. M.T. Fishing Co. Ltd.
T-2488-95
Dubé J.
23/1/96
5 pp.
Action in damages by plaintiffs, insurers, to recover insurance money ($203,775) paid out for destruction of vessel Radiant on grounds fire not accidental but "arranged deliberately" by defendant Wood, employee of corporate defendant (statement of claim, paragraph 9)-Defendants applied for particulars with respect to allegation of fraud and dishonesty-Motion allowed-Federal Court Rule 409 requiring fraud be pleaded specifically-Allegation in paragraph 9 did not do so-R. 415(1) providing every pleading shall contain necessary particulars of allegations of fraud-Paragraph 9 not specifying how fire arranged deliberately-Plaintiffs must allege material facts sufficient to determine grounds upon which allegation of fraud lies-General allegations not sufficient-Federal Court Rules, C.R.C., c. 663, RR. 409, 415(1).