What is the test applied by the Master to determine whether a plaintiff has a reversible error?
Ontario, Canada
The following excerpt is from American Axle & Manufacturing, Inc. v. Durable Release Coaters Limited, 2007 CanLII 20094 (ON SC):
I agree with the test as stated by Nordheimer J. Having said that, and notwithstanding that the Master followed the test set out by Rivard J. in Sun v. Ho, supra, no reversible error results; in fact, the test applied by the Master is more stringent in respect of the strength of the plaintiff's claim.
"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
Does the complexity of a plaintiff’s claim in Setterington affect the determination of whether the motion can proceed? (Ontario, Canada)
Does the discoveryability principle apply to determine whether an action is statute barred because the statement of claim was not issued until August 18, 2011? (Ontario, Canada)
What are the considerations applied by the courts in determining whether to make an order for occupation rent against a spouse who has failed to pay support? (Ontario, Canada)
What is the test for determining whether a plaintiff’s life would have gone without the tortious injury? (Ontario, Canada)
What is the test to be applied in determining whether expert evidence should be excluded on the basis of bias or partiality? (Ontario, Canada)
What is the test for determining whether or not support should be awarded to a plaintiff in a civil case? (Ontario, Canada)
What is the test for determining whether a defendant’s jurisdiction has to be determined by the Court of Appeal? (Ontario, Canada)
What is the test for determining whether a plaintiff has been diagnosed with a brain injury? (Ontario, Canada)
What factors will the court consider in determining whether to award damages to a plaintiff in a motor vehicle accident in a different county? (Ontario, Canada)
What is the test for determining the determination of a plaintiff's costs in a personal injury case? (Ontario, Canada)
