What is the legal test for determining whether a plaintiff has met the proper legal test?

Yukon, Canada


The following excerpt is from Bays v. Dindia, 2019 YKSC 61 (CanLII):

In this case, whether or not the proper legal test was applied is a question of law to be reviewed on the basis of correctness (R v. Shepherd, 2009 SCC 35, at para. 20).

Other Questions


What is the proper procedure for determining whether an unequal division of family assets is appropriate? (Yukon, Canada)
What is the Anns test for determining whether a person owes a duty of care? (Yukon, Canada)
What is the legal standard applied and what is the meaning of the test? (Yukon, Canada)
Is hardship a factor in determining a plaintiff's claim for a reduction in costs? (Yukon, Canada)
What is the test for determining jurisdiction over an offence? (Yukon, Canada)
What is the test for determining the intention of the testator in a will? (Yukon, Canada)
What is the legal principle of a motion requiring the immediate release of a child with special needs, and what is the test for this? (Yukon, Canada)
What is the legal test for recklessness? (Yukon, Canada)
What is the legal test for terminating a position in law during pleasure? (Yukon, Canada)
What is the legal test for striking out a pleading? (Yukon, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.