What is the test for a motion to close?
Ontario, Canada
The following excerpt is from E.H. v. O.K., 2018 ONCJ 578 (CanLII):
[14] Close is not good enough to attract the costs consequences of 18 (14). The offer must be as good as or more favourable than the motion result. See: Gurley v. Gurley, 2013 ONCJ 482.
[15] The technical requirements of subrule 18 (14) must be met to attract its costs consequences. See: T.M.B.-P. v. B.P.G., 2018 ONCJ 517; Reid v. Thomas, 2017 ONCJ 122.
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