What is the effect of a third party's failure to admit liability to a plaintiff prior to trial?
British Columbia, Canada
The following excerpt is from Asham v. Forsythe, 1997 CanLII 2891 (BC SC):
I have already ruled that the failure of the third party to admit liability until 12 days prior to the commencement of the trial was not "reprehensible" in the sense of being "conduct deserving of rebuke"; see Leung v. Leung (1993), 77 B.C.L.R. (2d) 314. Accordingly, if the relief the plaintiff seeks in the paragraph numbered 3 on page 5 of the plaintiff's "Submission on Costs" is intended to refer to a claim under Rule 31(4), it has already been dealt with in paragraph 11 above.
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