What is the definition of a “defence of a claim” and what is the effect of the claim?
Manitoba, Canada
The following excerpt is from Dmitruk v City of Dauphin, 2014 MBQB 189 (CanLII):
[13] Lord Diplock in Letang v. Cooper [1965] 1 Q.B. 232 gives a more simplistic definition: “...simply a factual situation the existence of which entitles one person to obtain from the court a remedy against another person.”
"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
Does an arbitrator’s analysis of the definition of a Subpara-SIL Claim (b) fail to give effect to all words of the SIL Claim definition? (Manitoba, Canada)
How have courts in Canada dealt with a claim for delay in determining whether or not to dismiss the claim for wrongful death due to the long delay? (Manitoba, Canada)
Is it an injustice to allow a claim to proceed while preventing the defence to pursue a counterclaim? (Manitoba, Canada)
What is the effect of an order requiring the respondent to pay costs of an indemnification claim? (Manitoba, Canada)
What are the implications of a common-law partner’s claim in equity for the sale of their jointly-held land? (Manitoba, Canada)
What is the effect of an arbitration clause in a contract? (Manitoba, Canada)
Does the term "motor vehicle" or "off-road vehicle" in a motor vehicle insurance policy have to be interpreted in accor dance with statutory definitions? (Manitoba, Canada)
What is the effect of reading in excerpts of an opposing party’s examination for discovery? (Manitoba, Canada)
What is the test for a motion to delay a plaintiff's claim under the Rules of Civil Procedure? (Manitoba, Canada)
What is the effect of a nunc pro tunc order not pronounced? (Manitoba, Canada)
