Is a Defendant’s Statement of Defence properly before the court?
Saskatchewan, Canada
The following excerpt is from Balacko v. Eaton's of Canada Limited, 1967 CanLII 369 (SK QB):
Where, as here, an application is made by a defendant who has pleaded to a statement of claim he now attacks, is such a defendant’s statement of defence a document properly before the court to be examined for the purpose of ascertaining if, by admissions made therein or in any other manner, the statement of defence buttresses any weakness in or remedies any deficiency which may be found in the statement of claim? Learned counsel for the plaintiff submits the subsequent pleading must be considered for this purpose and cites as his authority Shore v. Britski 1941 CanLII 187 (SK CA), [1941] 2 WWR 493, a decision of the court of appeal of this province.
"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 Defendant have to amend his statement of defence to include an allegation that there were 200 acres broken on this land? (Saskatchewan, Canada)
What are the defences set up in the statement of defence? (Saskatchewan, Canada)
What is the effect of section 4(1) of the Statement of Claimant's Affidavit to the Court of Appeal allowing the Court to consider any evidence which is not confined to facts which the deponent is able to prove? (Saskatchewan, Canada)
What is the test for damages in a personal injury action brought by a defendant who failed to appear in court? (Saskatchewan, Canada)
What documents are properly to be considered on an application to strike out a statement of claim on the grounds that it discloses no reasonable cause of action? (Saskatchewan, Canada)
Is a statement of defence stating that an undertaking was a condition to the signing of a bond? (Saskatchewan, Canada)
Can a plea of justification be defended as to the truth of any defamatory statements in a series of articles? (Saskatchewan, Canada)
In what circumstances will the court require that a document be submitted so that the contents of the document can be reviewed by the court to determine whether it is privileged? (Saskatchewan, Canada)
Can a defendant at trial advance the defence of misrepresentation at trial? (Saskatchewan, Canada)
Does a Traffic Safety Court Justice of the Peace (JPS) have any authority or authority to reject or reject the evidence presented by the defence? (Saskatchewan, Canada)
