What is the test for establishing material facts in a defence?
Newfoundland and Labrador, Canada
The following excerpt is from Humby Enterprises Ltd. v. A.L. Stuckless & Sons ltd., 2003 NLCA 20 (CanLII):
This purpose cannot be achieved in the absence of material facts. Mere allegations, without supporting material facts, would leave the defendant with insufficient information for the preparation of an answer to the claim. In Pyke v. Price Waterhouse Limited (1995), 40 C.P.C. (3d) 7 (B.C.S.C.), Smith J. explained, at paragraph 14: Nevertheless, [material facts] are necessary to enable the defendant to know the nature of the case to be met; to prevent the defendant from being taken by surprise at the trial; to enable the defendant to know what evidence it ought to be prepared to present; and to limit and define the issues to be tried and as to which discovery is required.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is it an established exception to use of privileged correspondence to prove confirmation in response to a limitations defence? (Newfoundland and Labrador, Canada)
What is the defence of necessity in the context of an incident where a truck driver refused to wait for over an hour to get materials from a distribution depot? (Newfoundland and Labrador, Canada)
What is the test for a material change in circumstances in the context of a hearing where the threshold of material change has been met? (Newfoundland and Labrador, Canada)
When pleading bad faith or abuse of power, does it need to set out the facts of the pleading? (Newfoundland and Labrador, Canada)
What is the necessity for parties to consider electronic evidence provisions alongside more established rules? (Newfoundland and Labrador, Canada)
Is there any difference between the construction and interpretation of mixed fact and law in determining the existence of an oral contract? (Newfoundland and Labrador, Canada)
How does the defence of mistake apply to a strict liability offence? (Newfoundland and Labrador, Canada)
Is there an established exception to the settlement privilege? (Newfoundland and Labrador, Canada)
What is the test for establishing that poor and ignorant persons entitled to a reversionary interest have been induced to sell at an undervalue? (Newfoundland and Labrador, Canada)
What is the test for establishing a business as an investment vehicle? (Newfoundland and Labrador, Canada)
