Is a Defendant represented by the Health and Social Care Fund entitled to a Statement of Defence?
Ontario, Canada
The following excerpt is from Bruinsma v. Cresswell et al, 2012 ONSC 4440 (CanLII):
To illustrate the point that a defendant who is being represented by the fund is treated differently than a regular defendant, consider the decision of Master Dash in Larkman Estate v. Briginshaw, [2007] O.J. No. 1656, 157 A.C.W.S. (3d) 71 (S.C.J.). There, the fund had assumed carriage of the defence for an uninsured defendant. When the named defendant could not be located and produced for an examination for discovery, the [page266] plaintiffs moved to strike the statement of defence, and the defendant's alleged insurer moved to strike the third party claim.
"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
Is a person entitled under a statutory superannuation scheme entitled to a garnishment under the Employee Benefit Scheme entitled to be garnished after they have ceased employment? (Ontario, Canada)
If a defence expert has been videotaped at trial, is the defence expert required to be reviewed by the other defence expert? (Ontario, Canada)
What are the main defences used in a statement of defence in a real estate transaction? (Ontario, Canada)
What is the test for a claim for punitive damages in a defamation action brought by a plaintiff against a defendant who published defamatory material in their statement of defence? (Ontario, Canada)
What is the test for a Statement of Defence? (Ontario, Canada)
What is the test for malice in the context of the defence against the Motion Judge’s finding that malice may undermine the defence? (Ontario, Canada)
Is it an error in principle to award substantial indemnity costs when a defendant has a meritorious defence? (Ontario, Canada)
Is a self-represented litigant entitled to recover costs from the other party? (Ontario, Canada)
Is a lawyer who failed to adequately represent his client entitled to a three-month suspension? (Ontario, Canada)
Is there a requirement for the defence to disclose decisions on whether to continue to defend against the Crown in a sexual assault case? (Ontario, Canada)
