What is the defence of the defence in a personal injury case?
Ontario, Canada
The following excerpt is from Typhoon Offshore B.V. v. Jacob, 2021 ONSC 4555 (CanLII):
Like Vacca v. Banks [2005] O.J. No. 147 (Div. Ct.), the decision here to strike the defence is not made because of the defendants’ failure to answer their undertakings, although, to be clear, they have not answered their undertakings. It is as a result of their repeated breaches of court orders.
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