What is the burden of demonstrating there is a genuine need for a trial?
Saskatchewan, Canada
The following excerpt is from Saskatchewan Wheat Pool v. Strait Crossing Group Ltd., 2002 SKQB 515 (CanLII):
Since a defendant in that position bears the burden of demonstrating that there is a genuine need for a trial, it is not enough for the defendant merely to say there is a good defence on the merits or material element in fact is in dispute. The defendant is required to demonstrate that that is so: Royal Bank v. Malouf. Nor is it enough for the defendant merely to show that the cause of action is complex or gives rise to a question of law. Neither in itself is an answer to a properly constituted application, for neither necessarily warrants a trial. . .
"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
In what circumstances will the trial judge allow the parents of a plaintiff to participate in the trial? (Saskatchewan, Canada)
What is the test for changing a jury trial to a different jury trial? (Saskatchewan, Canada)
What is the evidentiary burden for a direction of trial of an issue? (Saskatchewan, Canada)
What is the evidential standard for admission of evidence at trial where issues of trial fairness are concerned? (Saskatchewan, Canada)
Is there a genuine need to proceed to a full trial of these issues? (Saskatchewan, Canada)
Can a defendant at trial advance the defence of misrepresentation at trial? (Saskatchewan, Canada)
How has the jury been instructed in a sexual assault trial to consider corroboration evidence? (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)
What are the consequences of a trial judge’s failure to spell out every consideration leading to a finding of credibility? (Saskatchewan, Canada)
What is the current practice of paying the costs of a party in an abortive trial? (Saskatchewan, Canada)
