What is the reasonable prospect of success test in a personal injury case?
Ontario, Canada
The following excerpt is from Mazzei v. General Motors of Canada Limited, 2012 HRTO 1251 (CanLII):
The respondent submitted that the applicant was reading the Pellerin decision too narrowly, by focusing on the fact that there was cross-examination in that proceeding.. The reasonable prospect of success test has been applied at various stages of the hearing process. The respondent referred me to Winn v. Costco, 2012 HRTO 990, where the reasonable prospect of success was assessed prior to the calling of any evidence.
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