What is the test for an application seeking to obtain a restraining order against an individual who has received death threats?
Ontario, Canada
The following excerpt is from Khoury v. Criminal Injuries Compensation Board, 2009 CanLII 63597 (ON SCDC):
While the applicant relies on Trudeau v. Ontario, above, that case is distinguishable on the facts, as there was evidence of a threat in that case. In the present case, the applicant’s fear of retribution is subjective and not based on any threats.
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