Division 5(cf SCR Part 15, rule 24; DCR Part 10, rule 1A; LCR Part 9, rule 1)
(1) If, in proceedings on a liquidated claim, a defence of tender before commencement of the proceedings is pleaded, the tender is not available as a defence unless and until the amount has been paid into court.(2) In the case of a tender to which section 224 of the Customs Act 1901 of the Commonwealth applies:(a) subrule (1) does not apply to a defence that pleads the tender, and(b) the amount tendered may be paid into court when the defence is filed.(3) On paying the money into court, the defendant must file notice of the payment into court and serve the notice on each other party to the proceedings.(4) The plaintiff may accept the money by filing a notice of acceptance.(5) If the plaintiff accepts the money, the proceedings are to be stayed in relation to the defence of tender.(6) Whether or not accepted, the money must not be paid out except by order of the court.
14.26 Admission and traverse from pleadings
(cf SCR Part 15, rule 20, Part 63, rule 9; DCR Part 9, rule 14, Part 45, rule 9)
(1) An allegation of fact made by a party in a pleading is taken to be admitted by any opposite party required to plead in response unless:(a) in the pleading in response, the opposite party traverses the allegation, or(b) a joinder of issues under rule 14.27 operates as a denial of the allegation.(2) A traverse may be made by denial or by a statement of non-admission, either expressly or by necessary implication, and either generally or as to any particular allegation.(3) Despite subrule (1), a pleading in response to a pleading that alleges the suffering of damage or an amount of damages is taken to traverse the allegation unless it specifically admits the allegation.(4) Subrule (1) does not apply to an opposite party who is a person under a legal incapacity.
(cf SCR Part 15, rule 21; DCR Part 9, rule 15)
(1) A pleading may expressly join issue on a previous pleading.(2) If there is no reply by a plaintiff to a defence, there is an implied joinder of issue on that defence.(3) If there is no answer by the opposite party to a reply or subsequent pleading, there is an implied joinder of issue on the reply or subsequent pleading.(4) There can be no joinder of issue, express or implied, on a statement of claim.(5) An implied joinder of issue on a pleading operates as a denial of every allegation of fact made in the pleading.(6) An express joinder of issue on a pleading operates as a denial of every allegation of fact made in the pleading other than an allegation that is expressly admitted.
14.28 Circumstances in which court may strike out pleadings
(cf SCR Part 15, rule 26; DCR Part 9, rule 17; LCR Part 8, rule 3)
(1) The court may at any stage of the proceedings order that the whole or any part of a pleading be struck out if the pleading:(a) discloses no reasonable cause of action or defence or other case appropriate to the nature of the pleading, or(b) has a tendency to cause prejudice, embarrassment or delay in the proceedings, or(c) is otherwise an abuse of the process of the court.(2) The court may receive evidence on the hearing of an application for an order under subrule (1).
14.29 Defence of extinction of right or title
(cf SCR Part 5, rule 5B)
For the purposes of section 68A of the Limitation Act 1969, a claim by the defendant that a right or title has been extinguished under Division 1 of Part 4 of that Act may be made by affidavit or by notice.