What is the legal test required to prove facts to support a cause of action in a personal injury case?
Ontario, Canada
The following excerpt is from Morrish et al. v. Katona et al., 2021 ONSC 3805 (CanLII):
In estate cases, before a litigant is given the usual tools of litigation such as documentary and/or oral discovery, more is required than simply pleading facts to support a cause of action. Having said this, they are not required to prove their case at this stage: Seepa v. Seepa, at paras. 35 and 40.
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