What is the proper test to apply on a Rule 21 motion?
Ontario, Canada
The following excerpt is from Reynolds v. City of Kingston Police Services Board, 2006 CanLII 16837 (ON SCDC):
The Ontario Court of Appeal recently re-iterated the proper test to apply on a Rule 21 motion. At para. 18 of Freeman-Maloy v. Marsden, supra, the court noted that “novel and unusual claims should be allowed to proceed to trial where they can be tested on a full factual record”. It is not up to this court to review a novel claim on its merits without the full factual context.
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