What is the test for certifying a motion for personal injury?
Ontario, Canada
The following excerpt is from Hickey-Button v. Loyalist College of Applied Arts & Technology, 2006 CanLII 20079 (ON CA):
A certification motion is not the time for an assessment of the merits of the claim: Hollick v. Toronto (City), supra, at para. 16. However, the party seeking certification bears the onus of placing materials before the motion judge upon which he or she can be satisfied that the requirements of s. 5 have been met.
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