Does the defence have to be limited in its defence in the defence or preparation for trial?

British Columbia, Canada


The following excerpt is from Agesen v. ICBC, 2010 BCSC 428 (CanLII):

Further, citing McDonnell v. Kumar, that the defence should not be restricted in their defence, or preparation for trial, “as long as there is some reasonable evidence which, if proven and accepted by the court, might play a part in its outcome.” (Paragraph 20).

Other Questions


Can a summary trial judge make a finding that a matter is not suitable for disposition by way of summary trial during the hearing of the summary trial? (British Columbia, Canada)
Is there a new trial for the defence in the case of a man who was found not guilty of assault but found guilty of the charge on self-defence? (British Columbia, Canada)
What is the effect of a trial judge's approach of not putting the defence theory explicitly in the defence? (British Columbia, Canada)
What is the defence of a defence where the defence cannot raise a reasonable doubt by mere speculation? (British Columbia, Canada)
What is the limitation defence in limitation cases? (British Columbia, Canada)
What is the value of a plaintiff's income for the period between the time of trial and the date of trial? (British Columbia, Canada)
What is the test for an application to reopen a personal injury trial after the close of trial has been argued and reply begun? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
Can a trial judge place the defence of provocation before the jury if there is an air of reality to it? (British Columbia, Canada)
Can a defendant amend his statement of defence after the close of trial? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.