What is the test for a Statement of Defence?
Ontario, Canada
The following excerpt is from Brown v. Spagnuolo, 2012 ONSC 2141 (CanLII):
Counsel for the plaintiffs readily conceded the test is a high one. It must be plain and obvious that the pleading does not disclose a reasonable defence. A Statement of Defence will be subject to a motion to strike if the defendant is unable to establish a defence disentitling the plaintiff from the relief sought, assuming the facts alleged in the defence are true. A pleading that: “demonstrates a complete absence of material facts will be declared to be frivolous and vexatious. Similarly, portions of pleadings that are irrelevant, argumentative or inserted for color, or that constitute bare allegations should be struck out as scandalous. The same applies to a document that contains only argument and includes unfounded and inflammatory attacks on the integrity of a party…” (see: George v. Harris (2000), 97 A.C.W.S. (3d) 225, 2000 CarswellOnt 1714 (S.C.) at para. 20).
"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
What are the main defences used in a statement of defence in a real estate transaction? (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)
Is restatement of its financial statements an acknowledgment by the company that it has made material misrepresentations in relation to its audited financial statements valid for a cause of action? (Ontario, Canada)
On a motion to dismiss a claim for failure to disclose a cause of action, is the statement of defence sufficient to accommodate drafting deficiencies? (Ontario, Canada)
Is a Defendant represented by the Health and Social Care Fund entitled to a Statement of Defence? (Ontario, Canada)
Does a party who issues a statement of defence in response to litigation have waived their right to have the matter proceed by arbitration? (Ontario, Canada)
What is the defence of defence in a sexual assault case? (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)
What is the defence of the defence in a personal injury case? (Ontario, Canada)
Does the defence of due diligence apply to regulatory regulatory offences where the defence against due diligence is to be assessed by the trial court? (Ontario, Canada)
