What is the legal test for a motion of summary judgment or due diligence?
Ontario, Canada
The following excerpt is from Marjadsingh v. Toronto Transit Commission v. Kahlon, 2018 ONSC 1439 (CanLII):
The courts have acknowledged that the threshold to be met on such a motion is low and, further, that the decision falls within the court’s discretion. (Pepper v. Zellers, supra). If the issue is due diligence rather than actual knowledge, as noted above in Wong, it is more likely that a trial or summary judgment motion may be required.
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