Is there a triable issue as to whether there is a interest in land?

Ontario, Canada


The following excerpt is from Tang v. Xpert Credit Control Solutions Inc., 2022 ONSC 1493 (CanLII):

The assessment of whether there is a triable issue as to an interest in land does not require that the plaintiff established that its claim will succeed: Perruzza v. Spatone, 2010 ONSC 841, at para. 20.

The second part of the test calls for the court to look at all the relative matters between the parties in considering whether to exercise its discretion to grant leave for the issuance of a CPL: Khan v. Taji, 2020 ONSC 6704, at para. 51.

Other Questions


What is the test for using the term issue "issue" in the context of the issue? (Ontario, Canada)
What is the test for a judge to consider the relative balance of convenience between the parties in determining whether there is an interest in land? (Ontario, Canada)
What is the test for demonstrating an interest in the land at issue in a lawsuit? (Ontario, Canada)
Is a municipal councillor required to declare an interest in the sale of a piece of land where the land is to be sold? (Ontario, Canada)
What is the test for determining whether a defendant has an interest in extending the limitation period of a claim? (Ontario, Canada)
What is the test for competent and informed advice in the context of the issue of Issue 1(a) of the Irish Times? (Ontario, Canada)
Is postjudgment interest payable upon a judgment which awards prejudgment interest? (Ontario, Canada)
How have courts treated the issue of conflict of interest in elections? (Ontario, Canada)
What is the test for determining whether a genuine issue exists under the Child Protection Act? (Ontario, Canada)
Does a purchaser for value at a sheriff's sale who registers prior to registration of a prior unregistered beneficial interest have priority over the beneficial interest? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.