What is the legal test for impecunious plaintiffs to prove their case is meritorious?
Ontario, Canada
The following excerpt is from Rosin v Dubuc, 2016 ONSC 6441 (CanLII):
In Hossain v. City of Toronto, 2016 CarswellOnt 2097 (Master) at para. 15, the court held that there is a less onerous standard for an impecunious plaintiff to show his or her case is meritorious. The court observed: …This approach recognizes the court’s desire to avoid putting a plaintiff with a potentially meritorious claim in a position where they are unable to proceed because they are impecunious, so truly unable to post security. If their case is not entirely devoid of merit, the court tends to favour a path that gets the case to trial.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for proving a plaintiff’s negligence? (Ontario, Canada)
Does a plaintiff have to prove a breach of fiduciary duty to a third party to recover damages? (Ontario, Canada)
Does a plaintiff have a legally tenable claim against the proposed defendant? (Ontario, Canada)
What is the onus of a plaintiff to prove to the court that their injury was not discoverable within the applicable limitation period? (Ontario, Canada)
Is a personal injury insurer required to pay a plaintiff's legal fees and costs for the purposes of their insurance policy? (Ontario, Canada)
Can a plaintiff's ferry from Belleville to any point west of the colorable distance from plaintiff’s ferry? (Ontario, Canada)
What is the test for a plaintiff to be certified as a plaintiff in a medical malpractice case? (Ontario, Canada)
What is the legal burden of proving due execution, knowledge and approval and testamentary capacity in a will? (Ontario, Canada)
What is the legal burden of proving that a will has been executed? (Ontario, Canada)
What are the circumstances in which a plaintiff has been found to be a crumbling skull plaintiff? (Ontario, Canada)
