What is the test for a Rule 21.01(1)(b) motion?

Ontario, Canada


The following excerpt is from Thunder Bay Multi-Trades Inc. v. Hupe Manufacturing Ltd., 2021 ONSC 1316 (CanLII):

In determining a Rule 21.01(1)(b) motion, the party pleading has the benefit of an assumption that the facts as pleaded are true or capable of being proven: Deep v. Ontario, at para. 35.

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