In what circumstances will an action be allowed to proceed?
Ontario, Canada
The following excerpt is from Jamal v. Scarborough Hospital, 2005 CanLII 29500 (ON SC):
In Hunt v. Carey, 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959, at para 52, Wilson J. suggested that: …where a statement of claim reveals a difficult and important point of law, it may well be critical that the action be allowed to proceed. Only in this way can we be sure that the common law in general, and the law of torts in particular, will continue to evolve to meet the legal challenges that arise in our modern industrial society.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a pleading be critical that the action be allowed to proceed? (Ontario, Canada)
In a personal injury action, in what circumstances will the court allow the public to be excluded from the proceedings? (Ontario, Canada)
In what circumstances will a court order that an earlier proceeding be stayed until the completion of the later proceeding is completed? (Ontario, Canada)
In what circumstances will the court allow a declaration to be made in a personal injury action? (Ontario, Canada)
Does a plaintiff have to pay costs if the action is allowed to proceed? (Ontario, Canada)
In what circumstances will a creditor who appointed a receiver to dispose of assets be allowed to change the receiver’s work? (Ontario, Canada)
In what circumstances have courts found that a beneficiary under a power of attorney's will has standing to bring an action to obtain an accounting from his sister? (Ontario, Canada)
Does a material change in circumstances under what circumstances would have changed the terms of an order under which an order was made? (Ontario, Canada)
In what circumstances have costs been denied or substantially reduced because of the unsuccessful party's financial circumstances? (Ontario, Canada)
In a non-jury sexual assault action, in what circumstances will the judge and jury consider the issue of delay and prejudice? (Ontario, Canada)
