Can a defendant set up a defence for personal injury in a personal injury case?
Saskatchewan, Canada
The following excerpt is from Royal Bank v. McBride, 1926 CanLII 93 (SK QB):
Counsel for the defendant argued that he should be allowed to set up this defence although it had been overlooked both in the original defence and in the later amended defence which had been filed, and cited in support of his contention Bank of Montreal v. Campbell 1925 CanLII 181 (SK CA), [1925] 3 W.W.R. 166.
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