What is the test for adducing evidence on a Rule 21 motion?
Ontario, Canada
The following excerpt is from 2069586 Ont. Inc. v. Sovereign Gen. Ins. Co. et al, 2019 ONSC 2565 (CanLII):
No evidence is to be adduced on a Rule 21 motion except that any document pleaded is incorporated by reference and the court is entitled to read and rely on the terms of such documents as if they were fully quoted in the pleadings. Allegations of fact as set out in the pleadings are to be accepted as true and proven, unless they are patently ridiculous or incapable of proof. Pleadings are to be read generously with allowances made for drafting frailties. (See Gravelle v. Ontario [2012] O.J. No. 4388).
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