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r 27.04

Defendant may show cause

In force
Chapter 1General Rules
Part 27Summary judgment

27.04 Defendant may show cause

(1) A defendant may, by affidavit or otherwise to the satisfaction of the Court, show cause against an application for judgment.

(2)

An affidavit under subrule (1):

(a) is to show a defence to the claim or the part of the claim to which the application relates;

(b)

is to state the facts on which the defence is based; and

(c) may contain a statement of fact based on information and belief if the grounds are set out.

(3) A defendant must serve a copy of an affidavit on a plaintiff not later than 3 days before the date fixed for the hearing of the application unless the Court orders otherwise.

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