What is the test for establishing that a plaintiff has a triable issue?
Ontario, Canada
The following excerpt is from Boudreau v. Ontario Soccer Association, 2012 ONSC 4461 (CanLII):
It is no longer sufficient that the plaintiff show there is a triable issue. The court must also consider whether a trial is the most appropriate forum to decide the issue or whether it is more appropriate that it be decided without a trial. Mehdi-Pour v. Minto Developments Inc., [2010] O.J. No. 4948 (S.C.J.), aff’d [2001] O.J. No. 2845 (Div. Ct.) at para. 16
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