In what circumstances will a defendant not be allowed to prove any part of the amount claimed to be owed?
Saskatchewan, Canada
The following excerpt is from Hill v. Stephen Motor & Aero Co., Ltd., 1929 CanLII 128 (SK CA):
In Shepherd v. Charter (1791) 4 Term R. 275, 100 E.R. 1016, on a writ of inquiry following judgment by default, the defendant was not allowed to prove payment of even part of the amount claimed to be due. See also Green v. Hearne (1789) 3 Term R. 301, 100 E.R. 587.
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