Is a Defendant’s Statement of Defence properly before the court?

Saskatchewan, Canada


The following excerpt is from Balacko v. Eaton's of Canada Limited, 1967 CanLII 369 (SK QB):

Where, as here, an application is made by a defendant who has pleaded to a statement of claim he now attacks, is such a defendant’s statement of defence a document properly before the court to be examined for the purpose of ascertaining if, by admissions made therein or in any other manner, the statement of defence buttresses any weakness in or remedies any deficiency which may be found in the statement of claim? Learned counsel for the plaintiff submits the subsequent pleading must be considered for this purpose and cites as his authority Shore v. Britski 1941 CanLII 187 (SK CA), [1941] 2 WWR 493, a decision of the court of appeal of this province.

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