Is there any reason why a learned trial judge was wrong in treating a counterclaim as admitted?
Saskatchewan, Canada
The following excerpt is from Morgan v. Macdonald, 1924 CanLII 88 (SK CA):
And it was these statements of fact in the defence that defendant repeated in his counterclaim and on which he based his claim for judgment. I am therefore of the opinion the learned trial Judge was wrong in treating the counterclaim as admitted, and giving the defendant judgment thereon, as he did, when these very facts are treated as denied by the Rules (Smith v. Ransom, 18 O.W.R. 916).
"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 a learned trial judge wrong in his analysis of the provisions of the Land Titles Act? (Saskatchewan, Canada)
Is there any case law where the learned trial judge found there was no evidence of intent to defraud? (Saskatchewan, Canada)
In what circumstances will the trial judge allow the parents of a plaintiff to participate in the trial? (Saskatchewan, Canada)
Does a learned chambers judge erred in holding that in law can not be determined prior to trial by law? (Saskatchewan, Canada)
What is the effect of a learned trial judge's finding that two drivers were not at fault in a motor vehicle accident? (Saskatchewan, Canada)
What are the grounds of appeal against the finding that a learned trial judge erred in fact and law in ruling that the force used was substantial? (Saskatchewan, Canada)
In what circumstances will the court interfere with the chambers judge or trial judge on an interim maintenance order? (Saskatchewan, Canada)
What is the test for drawing an inference from a learned trial judge? (Saskatchewan, Canada)
What is the standard of proof required for a learned trial judge to prove a claim of false imprisonment? (Saskatchewan, Canada)
What is the effect of a learned trial judge's failure to give credence to the defence of automatism? (Saskatchewan, Canada)
