What is the test for a motion of nonsuit motion in a civil case where there is no jury trial?
Ontario, Canada
The following excerpt is from Chandra v CBC, 2015 ONSC 5303 (CanLII):
In civil cases, with or without a jury, the established practice is that the defendant must elect whether or not to call evidence: Ontario v. Ontario Public Service Employees Union (1990), 37 O.A.C. 218 (Div. Ct.), at p. 226 (O.A.C.). If the defendant elects to call evidence, the judge reserves on the nonsuit motion until the end of the case.
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