What is the test for a motion under r.21(1)(b) of conspiracy and fraud?

Ontario, Canada


The following excerpt is from 900351 Ontario Inc. v. Martian Properties Inc., 2022 ONSC 37 (CanLII):

In a motion under r. 21.01(1)(b), the facts in the claim are accepted as proven, and the court is left to consider the legal sufficiency of the plaintiff’s claim as pleaded, subject to the caveat that allegations based on assumptions or speculation do not need to be accepted as true: Deep v. Ontario, at para. 35. Conspiracy and fraud

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