Sim v. Canada
T-585-96
Hargrave P.
29/4/96
6 pp.
Motion by plaintiff to strike out defence on basis general denial of statement of claim insufficient-Motion dismissed-Substantial authority for proposition common traverse or denial proper defence-General denial valid defence: Lancaster (John) Radiators, Ltd. v. General Motor Radiator Co., Ltd., [1946] 2 All E.R. 685 (C.A.) wherein Tucker L.J. pointed out interlocutory motion not stage to pass judgment on whether some allegations ought not to be in dispute, however, matter could be taken into account by trial judge when awarding costs-B.C. Supreme Court Rules providing general denial sufficient except where party intending to prove different facts, not applicable as no gap in Federal Court Rules, however, good consolidation of present common law position.