Is it right or wrong when there is a plea which, if sustained, would prevent the necessity of discovery first?
Saskatchewan, Canada
The following excerpt is from Lumber Manufacturers' Yards v. Moose Jaw Flour Mills Limited., 1914 CanLII 306 (SK QB):
In the case of Whyte v. Ahrens, 50 L.T.R. 344, at 346, I find the following:— In some cases it may be perfectly right when there is a plea which, if sustained, would prevent the necessity of discovery, or which would then be a bar to the right to the discovery, that that should be settled first.
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