What is the applicable test for further examinations?
Ontario, Canada
The following excerpt is from Mitsis v. Holy Trinity Greek Orthodox Community of London, 2021 ONSC 5719 (CanLII):
Both parties accept that Bonello v. Taylor, 2010 ONSC 5723 sets out the applicable test for further examinations. In that case, D.M. Brown J. (as he then was) makes clear that the overriding consideration is trial fairness. He states at para. 15, as follows:
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