What is the test for a defence in a defence where there is no plea of justification?
Saskatchewan, Canada
The following excerpt is from Leech v. Leader Publishing Co., Ltd., 1926 CanLII 159 (SK CA):
Watt v. Watt [1905] A.C. 115, 74 L.J.K.B. 438, where there was no plea of justification and Halsbury, L.C., at p. 118, said: Even in mitigation of damages it is well settled you cannot go into evidence which, if proved, would constitute a justification. Nor does it appear to me that it makes any difference that the evidence is offered in cross-examination.
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