What are the defences set up in the statement of defence?

Saskatchewan, Canada


The following excerpt is from Canadian Grain Company v. Lepp, 1916 CanLII 217 (SK QB):

There were a number of denials set up in the statement of defence which the defendant, in his examination, admitted were untrue. For example: denial of the signing of the contract; denial that the contract contained certain specified provisions; denial that he had authorized the plaintiff company to purchase 11, 000 bushels of wheat in October, etc. The contract was produced and the defendant admitted his signature. His written authorization to buy was also produced, and he admitted it. Had these constituted, the only defences set up, the order allowing the plaintiffs to sign judgment would have been proper. Where the paragraphs which are properly struck out constitute the whole defence, the plaintiff is entitled to judgment in default of amendment. McDonald v. Maurice, 8 S.L.R. 254.

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