What is the test for establishing that a substantial and unexpected change in circumstances when a trial date has been set?
Ontario, Canada
The following excerpt is from Basque v. Stranges, 2010 ONSC 5605 (CanLII):
“Once a trial date has been set, the test of substantial and unexpected change in circumstances makes sense for routine interlocutory matters”: see Tanner v. Clark, supra, at para. 26. serious matters affecting substantive rights
“However, where substantive rights are affected, the merits of the requested relief become a fundamental consideration to ensure the case is fully canvassed at trial”: see Tanner v. Clark, ibid.
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