Can a denial of liability by a prospective defendant affect the discovery of a claim?
Ontario, Canada
The following excerpt is from Coleman v. Singh, 2012 ONSC 7147 (CanLII):
It is difficult to imagine that a flat or perfunctory denial of liability by a prospective defendant could have the impact of negating the discovery of a claim. Could it be different if the defendant went further and explained the circumstances in a way that convinced the plaintiff there was no cause of action? As determined by Mr. Justice Perell, the questions raised reflect the need for a trial to fully appreciate “the evidence and issues… required to make dispositive findings” (see: Combined Air Mechanical Services v. Flesch, supra, at para. 51).
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