Is there any case law where a party has been found to have made a mistake in denying an allegation of sexual assault?
Alberta, Canada
The following excerpt is from Wei v. Spence Diamonds Ltd., 2003 ABQB 185 (CanLII):
At paragraph 20 of the Dwyer v. Fox case Kerans J.A. said: ... in every case where the failure to deny is not merely inadvertent, the party must be subject to a substantial and exemplary penalty. Even when the error is inadvertent the other side should have thrown away costs. (emphasis added)
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