What is the test for proving a party to a motion of motion is incapable of driving?
Ontario, Canada
The following excerpt is from Y.S. v. J.Y., 2021 ONSC 5736 (CanLII):
The moving party bears the onus of establishing, on the balance of probabilities, that the subject party is incapable, and must provide evidence regarding the nature and extent of the incapacity: Costantino v. Costantino, 2016 ONSC 7279, at paras. 38 and 39.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a party who brings the motion as well as the witnesses upon whom the moving/applying party relies have an obligation to present and present witnesses to the motion? (Ontario, Canada)
What is the correctness standard for determining whether a party to a motion in a motion is correct? (Ontario, Canada)
What is the test for a motion to evict a party who is unable to pay the moving party's legal costs? (Ontario, Canada)
What is the test for a motion to obtain personal information from the other party and the non-party? (Ontario, Canada)
What is the test for obtaining an interim restraining order against a party who is not a party to the motion? (Ontario, Canada)
What is the test for elevated costs of a motion for a motion to amend a motion? (Ontario, Canada)
What is the impact of a party’s email to the opposing party of a parenting motion for custody of the children? (Ontario, Canada)
Does a defendant have to prove their intention to set the vehicle in motion to be found guilty of careless driving? (Ontario, Canada)
If a successful party accepts an offer to settle, can the successful party be ordered to pay all or part of the unsuccessful party’s costs? (Ontario, Canada)
On an interim motion, is it more likely that the court will grant a motion to allow the motion to be heard before trial? (Ontario, Canada)
