What is the test for establishing a good arguable case?
British Columbia, Canada
The following excerpt is from The Owners, Strata Plan No. VIS3578 v. Canan Investment Group Ltd., 2012 BCSC 339 (CanLII):
On the first leg of the test, the authorities recognize there is no distinction between a “strong prima facie” case and a “good arguable” case. As Madam Justice Saunders observed in Tracy v. Instaloans Financial Solutions Centres (B.C.) Ltd., 2007 BCCA 481, in either case, it is more than an arguable case but does not reach the “bound-to-succeed” threshold.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for establishing that identification evidence is sufficient to establish prima facie case? (British Columbia, Canada)
In a Workers’s Compensation Appeal Tribunal case, is there any case law that supports the argument that there is no case law in favour of a claim under the Employment Benefits Act? (British Columbia, Canada)
What is the case law on establishing sufficient evidentiary record in cases involving s. 7 of the Charter? (British Columbia, Canada)
What is the case law on the re-opening of a plaintiff’s case in a civil case? (British Columbia, Canada)
Is there any case law where the requesting state does not rely upon impugned information obtained in Canada to establish a prima facie case? (British Columbia, Canada)
What is the case law on the validity of evidence in a medical malpractice case? (British Columbia, Canada)
What is the test for establishing causation in a motor vehicle accident case? (British Columbia, Canada)
Is there a moot case or moot case? (British Columbia, Canada)
Is there any case law or case law supporting the use of historical income figures for purposes of determining the value of individual income? (British Columbia, Canada)
What is the burden on a plaintiff to establish a prima facie case on each ground of discrimination under s. 27(1)(c)? (British Columbia, Canada)
