What is the test for whether a motion for leave is required?
Ontario, Canada
The following excerpt is from Kalicharan v. Johnson, 2013 ONSC 7378 (CanLII):
I am not necessarily satisfied that leave is required in these circumstances. See the decision of Perell J. in Fromm v. Rajani, [2009] O.J. No. 3671 (S.C.J.) at paragraph 7. However, given that both sides approached this motion on the basis that leave is required I have addressed the issue as part of these reasons.
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