What is the legal test for "air of reality"?
British Columbia, Canada
The following excerpt is from U.S.A. v Cuppen, 2021 BCSC 1784 (CanLII):
The air of reality component of the test was described at paragraph 78 of Larosa as requiring "some realistic possibility that the allegations can be substantiated if the orders requested are made", a view endorsed by our Court of Appeal in Scarpitti v. United States of America, 2007 BCCA 498 at paras. 25-27.
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