What is the defence position in a personal injury case?
British Columbia, Canada
The following excerpt is from Angelis v Siermy, 2022 BCSC 31 (CanLII):
The defence position, in broad overview, is multi-pronged: a) I should not accept the plaintiff’s evidence regarding the existence of an agreement. If I do not accept the evidence, the claim must be dismissed. b) Testamentary autonomy is “a deeply entrenched common law principle” (Spence v. BMO Trust Company., 2016 ONCA 196 at para. 30). Hence, the plaintiff’s allegations should be subjected to significant scrutiny. c) Even if I accept the plaintiff’s evidence, there was insufficient certainty as to the terms. Hence, there was no contract.
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