What is the test for holding a mini-trial on acknowledgment issue?
Ontario, Canada
The following excerpt is from Uni-Select Eastern Inc. v. 2067195 Ontario Inc., 2018 ONSC 2345 (CanLII):
I find the court on a mini-trial will be able to make a fair and just determination on the merits of the acknowledgment issue. A mini-trial will allow the court to make necessary findings of fact and apply the law thereto. This will be a proportionate and less expensive means to achieve a just result: [Hryniak v. Mauldin, at paras. 49 and 66].
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