Tuesday, December 4, 2012

A denial is not a "bald assertion"

Ferrara v. Lorenzetti, Wolfe Barristers and Solicitors, 2012 ONCA 851 is a summary judgment case. 
As is often the case a factual denial was alleged to be a mere "bald assertion" and entitled to little weight. 
The majority explains why a denial or traverse ought not to be taken as a mere "bald assertion":
[76]       ... The assertion of a negative, that something did not occur, is necessarily "bald".  Invariably the person making the assertion can say little more than that it did not happen. 

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