Rules of Pleading — Applicable to Defences
 25.07 (1) In a defence, a party shall admit every allegation of fact in the opposite party’s pleading that the party does not dispute.  R.R.O. 1990, Reg. 194, r. 25.07 (1). Denials (2) Subject to subrule (6), all allegations of fact that are not denied in a party’s defence shall be deemed to be admitted unless the party pleads having no knowledge in respect of the fact.  R.R.O. 1990, Reg. 194, r. 25.07 (2). Different Version of Facts (3) Where a party intends to prove a version of the facts different from that pleaded by the opposite party, a denial of the version so pleaded is not sufficient, but the party shall plead the party’s own version of the facts in the defence.  R.R.O. 1990, Reg. 194, r. 25.07 (3). Affirmative Defences (4) In a defence, a party shall plead any matter on which the party intends to rely to defeat the claim of the opposite party and which, if not specifically pleaded, might take the opposite party by surprise or raise an issue that has not been raised in the opposite party’s pleading.  R.R.O. 1990, Reg. 194, r. 25.07 (4). Effect of Denial of Agreement (5) Where an agreement is alleged in a pleading, a denial of the agreement by the opposite party shall be construed only as a denial of the making of the agreement or of the facts from which the agreement may be implied by law, and not as a denial of the legality or sufficiency in law of the agreement.  R.R.O. 1990, Reg. 194, r. 25.07 (5). Damages (6) In an action for damages, the amount of damages shall be deemed to be in issue unless specifically admitted.  R.R.O. 1990, Reg. 194, r. 25.07 (6). Where a Reply Is Necessary Different Version of Facts 25.08 (1) A party who intends to prove a version of the facts different from that pleaded in the opposite party’s defence shall deliver a reply setting out the different version, unless it has already been pleaded in the claim.  R.R.O. 1990, Reg. 194, r. 25.08 (1). Affirmative Reply (2) A party who intends to reply in response to a defence on any matter that might, if not specifically pleaded, take the opposite party by surprise or raise an issue that has not been raised by a previous pleading shall deliver a reply setting out that matter, subject to subrule 25.06 (5) (inconsistent claims or new claims).  R.R.O. 1990, Reg. 194, r. 25.08 (2). Reply Only Where Required (3) A party shall not deliver a reply except where required to do so by subrule (1) or (2).  R.R.O. 1990, Reg. 194, r. 25.08 (3). Deemed Denial of Allegations Where No Reply (4) A party who does not deliver a reply within the prescribed time shall be deemed to deny the allegations of fact made in the defence of the opposite party.  R.R.O. 1990, Reg. 194, r. 25.08 (4). Rules of Pleading — Applicable to Replies Admissions 25.09 (1) A party who delivers a reply shall admit every allegation of fact in the opposite party’s defence that the party does not dispute.  R.R.O. 1990, Reg. 194, r. 25.09 (1). Effect of Denial of Agreement (2) Where an agreement is alleged in a defence, a denial of the agreement in the opposite party’s reply, or a deemed denial under subrule 25.08 (4), shall be construed only as a denial of the making of the agreement or of the facts from which the agreement may be implied by law, and not as a denial of the legality or sufficiency in law of the agreement.  R.R.O. 1990, Reg. 194, r. 25.09 (2).