This paper touches on a variety of different issues relating to pleadings and affidavits from the frontline perspective of a seasoned practitioner. The author sets out the key Rules dealing with pleadings, provides commentary on stylistic elements in pleadings (such as defined terms, for example), and discusses relevant considerations in the drafting process, including factual advocacy v. arguments, exaggerations, and uses and abuses of precedents. Additionally, requests for particulars and limitation defences are reviewed. The second half of the paper focuses specifically on preparing affidavits, and includes a discussion of ethical considerations and the involvement of counsel in the production of drafts.

This paper is part of a collection presented at LESA’s Drafting Pleadings, Affidavits, and Orders: The Pleading Edge seminar Edmonton on February 9, 2016 and in Calgary on February 17, 2016.