What is the current state of the law in relation to the 5 part test?
Ontario, Canada
The following excerpt is from Monster Snacks Inc. v. David, 2022 ONSC 1647 (CanLII):
I do not discern a conflict jurisprudentially between the approach of Houlden, J.A. in Chitel v. Rothbart in 1988 and Armstrong J.A. in 2003 in Morgan and Gillese, J.A. in Mountain View Farms in 2014, and accordingly I will deal in these reasons with this 5 part test as being applicable.
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