What is the test for determining whether a claim can be successful in a personal injury case?
Ontario, Canada
The following excerpt is from Borrelli v. Chan, 2018 ONSC 1429 (CanLII):
Ultimately, however, the court must act on such a preponderance of evidence as to show whether the conclusion the plaintiff seeks to establish is substantially the most probable of the possible views of the facts, Clarke v. The King, (1921) 1921 CanLII 603 (SCC), 61 S.C.R. 608 at para. 34.
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