Can a defendant adduce evidence that contradicts a statement of claim?
Alberta, Canada
The following excerpt is from TLA Food Services Ltd. v. 1144707 Alberta Ltd., 2011 ABQB 550 (CanLII):
In Dykes, the defendant was noted in default in a personal injury action, and in a subsequent hearing for an assessment of damages, he applied to adduce evidence that would contradict the facts alleged in the statement of claim. Binder J., relying on the decision in McElroy and Spiller v. Brown, held that there was a cause of action established by the claim and that the defendant could not lead evidence that contradicted the facts deemed to be admitted by the noting in default.
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