What is the burden of discovery for the defence of fraud going to the merits?
British Columbia, Canada
The following excerpt is from Suncom Inc. v. Andrew Stone Casino et al., 2007 BCSC 1904 (CanLII):
In order to raise the defence of fraud going to the merits, the defendant has the burden of demonstrating that the facts sought to be raised could not have been discovered by the exercise of due diligence prior to the obtaining of the foreign judgment: see Beals, and Zaidenberg v. Hamouth, 2005 BCCA 356, at paragraph 27.
"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
Does the defence have to be limited in its defence in the defence or preparation for trial? (British Columbia, Canada)
Can the defence of fraud be struck in an action for fraud? (British Columbia, Canada)
What is the test for a defence of fraud going to jurisdiction in a forum non conveniens hearing? (British Columbia, Canada)
What is the defence of a defence where the defence cannot raise a reasonable doubt by mere speculation? (British Columbia, Canada)
Can an allegation of fraud or breach of trust be found where there has been a conviction or a finding of fraud by a judgment in a criminal or civil court? (British Columbia, Canada)
What is the difference between the defence and the defence between the two continuation dates for a Charter application? (British Columbia, Canada)
What is the applicable standard of proof in the defence of fraud and arson? (British Columbia, Canada)
Can a defendant continue to examine for discovery after an examination for discovery has been adjourned? (British Columbia, Canada)
What is the current state of the law on the defence of defence in a murder case? (British Columbia, Canada)
How may a defendant negate the inference of negligence by raising the defence of explanation or defence of inevitable accident? (British Columbia, Canada)
