What is the test for a frivolous motion?
Ontario, Canada
The following excerpt is from Dentons Canada LLP v. Khan, 2021 ONSC 5261 (CanLII):
Based on the Defendant’s record for this motion, I find that his defence and counterclaim are not frivolous and that he has adduced sufficient evidence to meet the relatively low threshold of showing that his pleadings have an air of reality: Zeifman Partners v. Aiello, 2020 ONCA 33 at paras 30-32; Mountain View at para 51. Despite being somewhat limited in nature, I accept that the Defendant’s record on this motion adequately establishes that he intended to defend this case from the outset and that his pleadings are not devoid of a factual or legal foundation. Potential Prejudice
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