What is the test of reasonable possibility of success at trial?

Ontario, Canada


The following excerpt is from Green v. Canadian Imperial Bank of Commerce, 2012 ONSC 3637 (CanLII):

In Silver v. Imax (Leave), van Rensburg J. described the test of “reasonable possibility of success at trial” as having a “relatively low threshold” and requiring a consideration of all the evidence put forward by the parties concerning the alleged misrepresentations and the defences asserted (at para. 25). Later in her reasons, at para. 324, she noted that the word “reasonable” in s. 138.8 should be interpreted as having two components – first, a measurement of the degree of possibility of success and second, a reasoned and logical possibility: The word "reasonable" as it is used in s. 138.8 captures both meanings. "Reasonable" is used instead of "mere" to denote that there must be something more than a de minimis possibility or chance that the plaintiff will succeed at trial. The adjective "reasonable" also reminds the court that the conclusion that a plaintiff has a reasonable possibility of success at trial must be based on a reasoned consideration of the evidence.

Other Questions


What is the test for determining a reasonable possibility of success under Part XXIII.1 of the Rules of Civil Procedure? (Ontario, Canada)
What is the test for reasonable grounds for establishing that reasonable grounds are reasonable grounds? (Ontario, Canada)
What is the test for an action in which an action has a reasonable possibility of success? (Ontario, Canada)
Is it reasonable for two counsels to stand trial on an undefended trial over two days? (Ontario, Canada)
What are the main reasons the Divisional Court of Justice has found that the Applicant and Respondent did not have a reasonable chance of success in their appeal? (Ontario, Canada)
How has the trial judge considered the totality of evidence at trial for impaired driving? (Ontario, Canada)
What are the reasons for the release of reasons for judgement? (Ontario, Canada)
What is the test for ordering a new trial after a civil jury trial? (Ontario, Canada)
In assessing whether a police officer has reasonable grounds to justify the arrest, what is the test for reasonable grounds? (Ontario, Canada)
What is the test for success and entitlement at trial on the issue of primary residence and parenting time? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.