What is the legal test for adversarial context?

Ontario, Canada


The following excerpt is from Doug Craig v. Her Majestry the Queen in Right of Ontario, 2013 ONSC 5349 (CanLII):

As Justice Sopinka observed in Borowski v. Canada (Attorney-General) (1989), 47 C.C.C. (3) 1 (SCC) at para. 9 "the requirement of an adversarial context is a fundamental tenet of our legal system and helps guarantee that issues are well and fully argued by parties to have a stake in the outcome.”

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