What is the test for a due diligence defence?
Ontario, Canada
The following excerpt is from Abdula v. Canadian Solar, 2014 ONSC 5167 (CanLII):
As observed by van Rensburg J. in Silver v. IMAX, [2008] O.J. No. 1844 at paragraph 19: “the facts to support a due diligence defence are generally in the possession and control of the party asserting such a defence”.
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