What is the burden on a defendant to produce a statement of defence?
Canada (Federal), Canada
The following excerpt is from Apotex Inc. v. Merck & Co. Inc., 2002 FCT 1424 (CanLII):
This is a case where particulars are being sought prior to the filing of the statement of defence. MacNair J. in Canadian Olympic Association v. National Gym Clothing (1985) 2 C.P.R. (3d) 145 F.C.T.D. points out at page 147: Generally speaking, the burden rests on the defendant of showing that the particulars furnished by the reply do not at least give him some fair idea of the outline of the case made out against him so that he can properly plead thereto.
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