Is a defendant permitted to maintain a "no liability" position?
Ontario, Canada
The following excerpt is from Clarke v. Tennant, 2019 ONSC 7222 (CanLII):
While a party defendant is permitted to maintain a “no liability” position, it should only do so if it is based on a rational foundation in law or on the evidence. (See the decision of Koehnen J. in Rososhansky v. Williams, 2018 ONSC 1964, 291 A.C.W.S. (3d) 260). I was not persuaded that the position adopted by this defendant met that criteria.
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