What is the impact of the "threshold" and “genuine issue” factors on the fairness of a determination?
Newfoundland and Labrador, Canada
The following excerpt is from Hennessey v. Eastern Regional Integrated Health Authority, 2019 NLSC 239 (CanLII):
From both a practical and analytical point of view, consideration of ‘threshold’ and ‘genuine issue’ factors may be thought not to enhance what is meant to be a clear and expeditious route to a fair determination. I note that it was a disagreement between counsel on the scope of the proceeding that required Butler J. to write comprehensively on the process in Dalley v. Northern Arm (Town), 2016 NLTD(G) 68.
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