What is the test for an order under section 265.6 of the Rules of Civil Procedure?

I conclude that an order under s. 265.6 may be made whenever the court is judicially satisfied on the evidence that the plaintiff will more likely than not prove at trial that the defendant is liable for the special damages in question. See Roy v. St-Pierre et al., supra. The plaintiff will have met that standard if the motions judge is more than 50 per cent certain that the defendant’s liability for the special damages will be established at trial. If after considering all of the evidence, the motions judge is left in a state of indecision about the likely outcome at trial, the motion must be dismissed. v) The analytical framework for the application of section 265.6