What is the test for a defendant to deny or deny that they have heard something that is not happening within their own knowledge?
Saskatchewan, Canada
The following excerpt is from Kirkpatrick v. Canadian Paciif Railway Company, 1926 CanLII 96 (SK QB):
In Bray on Discovery, at p. 1, Flight v. Robinson, above referred to, is cited with approval, and at p. 128 it is laid down as follows: As to facts not happening within his own knopledge * * he must answer as to his information and belief and not his information merely without stating any belief either one way or the other: * * as to the act of another which defendant does not certainly know he ought to say he thinks or believes it to be true or does not; and not say only that he has heard. * * He is also bound to state the grounds on which his belief is founded in order that the reality and value of his belief may be tested.
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