14.27   Joinder of issue

(cf SCR Part 15, rule 21; DCR Part 9, rule 15)

(1)  A pleading may expressly join issue on a previous pleading.

(2)  If there is no reply by a plaintiff to a defence, there is an implied joinder of issue on that defence.

(3)  If there is no answer by the opposite party to a reply or subsequent pleading, there is an implied joinder of issue on the reply or subsequent pleading.

(4)  There can be no joinder of issue, express or implied, on a statement of claim.

(5)  An implied joinder of issue on a pleading operates as a denial of every allegation of fact made in the pleading.

(6)  An express joinder of issue on a pleading operates as a denial of every allegation of fact made in the pleading other than an allegation that is expressly admitted.