Statement of Defence and Crossclaim (Negligence) (Sample) (ON)

Summary

This precedent is a sample Statement of Defence and Crossclaim of a Defendant law firm in Ontario. It contains defences to allegations of negligence and breach of duty. It also contains a Crossclaim against a Co-Defendant law firm to indemnify and contribute for any amounts which the Defendant law firm may be found to be liable. This precedent includes practical guidance and drafting notes. A Statement of Defence must be prepared in accordance with the format outlined in Statement of Defence (Form 18A) (ON). The structure requires that any fact admitted be clearly identified, facts for which knowledge is insufficient be noted as such, and the remaining allegations be denied, placing the burden of strict proof on the plaintiff. Moreover, if an alternative version of events is intended to be presented, a mere denial is inadequate and the alternative must be expressly stated. In Seguin v. Van Dyke, [2011] O.J. No. 1931 (S.C.J.), the Court considered a motion to strike a statement of ...