What is the test for a motion of no confidence in a witness in a personal injury case?

Ontario, Canada


The following excerpt is from 784773 Ontario Limited v. Larkin, 2021 ONSC 1608 (CanLII):

The following principles have been held to be applicable to a motion such as this: a. The admission must be clear and definite; b. The admission must be of such facts as show the party is clearly entitled to the order asked for; c. The rule does not apply where there is any serious question of law to be argued; d. The rule does not apply where there is a serious question of fact outstanding; e. The motion is based on admissions and proof of facts is not permitted; f. The motion should be granted only on a clear case and much care must be taken not to take away the right of trial on viva voce evidence; g. To succeed, the moving party must show that there is a clear admission on the face of which it is impossible for the defendants to succeed. See also: Starkman v. Home Trust Company, 2015 ONSC 1718, at para 34

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