What is the test for assessing the reasonableness of a clause in a personal injury notice?
Ontario, Canada
The following excerpt is from United Rentals of Canada Inc. v Brooks, 2016 ONSC 6854 (CanLII):
The defendant submits that in assessing the reasonableness of the clause, the court must consider the test set out in Elsley v. J.G. Collins, 1978 CanLII 7 (SCC), [1978] 2 S.C.R. 916 (para. 19).
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