When will a defence be set aside in a summary application?

Saskatchewan, Canada


The following excerpt is from Powalinsky et al. v. Birch Hills, 1985 CanLII 2740 (SK QB):

The allegations in paragraphs 15, 16 and 17 of the statement of claim do not fall into that category. I cannot hold at this time that those allegations will not be allowed to be proved at trial or that they will be held to be immaterial to the issues to be tried. I accept the general rule approved by Middleton, J.A., in Duryea v. Kaufman (1910), 21 O.L.R. 161; “As a general rule, I think the judge should be chary in setting aside defences in a summary application, unless the pleading is so plainly frivolous or indefensible as to invite excision. Where a matter is doubtful or difficult, it is better to leave the objecting party to demur than by a chambers order striking out to limit the other side in his right of appeal.”

Other Questions


In what circumstances will a summary application be set aside? (Saskatchewan, Canada)
Can an application be made for an extension of time on an application to extend the time on which the application is granted? (Saskatchewan, Canada)
In what circumstances will an application for relief be successful because of the applicant's failure to read or understand the seriousness of the legal documents set out the claim against him? (Saskatchewan, Canada)
What is the test for an application for summary judgment based on three bills of exchange? (Saskatchewan, Canada)
Is it appropriate for the defence to amend its defence to counterclaim? (Saskatchewan, Canada)
What is the second ground of defence in a commercial lease application? (Saskatchewan, Canada)
What is the difference between a discharge application and the discharge application? (Saskatchewan, Canada)
What are the defences set up in the statement of defence? (Saskatchewan, Canada)
What are the implications of the new Queen’s Bench Rules for summary judgment applications? (Saskatchewan, Canada)
What is the test for an application to set aside an interim order? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.