What is the authority for a Rule 20 approach to analysis of rule 49.09?
Ontario, Canada
The following excerpt is from Capital Gains Income Streams Corporation v. Merrill Lynch Canada Inc., 2007 CanLII 39604 (ON SCDC):
The Moving Parties cite several cases as authority for the proposition that a Rule 20 approach does not apply to the first step analysis of rule 49.09. None of the cases cited are authority for this submission. Each of the cases cited recognize the broader approach to the evidence required in the second step, nothing more. Already noted is Milios v. Zagas, above.
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