How do defenses function in civil cases?

Prepare for the Ontario Barrister Civil Practice Exam. Engage with flashcards and multiple-choice questions, each enhanced with hints and explanations. Ace your exam!

In civil cases, defenses are primarily utilized to refute or justify the defendant's actions in response to the plaintiff's claims. This means that when a plaintiff asserts a legal right or claim, the defendant will present defenses to challenge the validity of that claim. By doing so, the defendant may present evidence or arguments that demonstrate that their actions were not unlawful or that they had a legal justification for their conduct.

For example, in a negligence claim, a defendant might raise the defense of contributory negligence, arguing that the plaintiff's own actions contributed to their damages. In this way, the defense serves to establish an alternative narrative that may absolve the defendant from liability or mitigate the damages sought by the plaintiff.

This approach is foundational in civil litigation as it allows the defendant to actively participate in the legal process by challenging the plaintiff's assertions, rather than simply reacting to them. This contributes to a fuller understanding of the case in judicial proceedings and can significantly influence the outcome of the case.

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