Is a sufficient explanation required on a motion in which credibility is assessed?
Prince Edward Island, Canada
The following excerpt is from CMT et al. v. Government of PEI et al., 2019 PESC 40 (CanLII):
Dovbush v. Mouzitchka, 2016 ONCA 381 also expressed that a sufficient explanation is required on a motion in which credibility is being assessed:
"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
If there are no common facts or legal issues of relatively sufficient importance to both proceedings, should the motion be dismissed? (Prince Edward Island, Canada)
When a motion judge exercises her new fact-finding powers under Rule 20.04(2.04) and determines whether there is a genuine issue requiring trial, is it deference? (Prince Edward Island, Canada)
What is the test for a motion under Rule 2.1 of the Rules of Civil Procedure? (Prince Edward Island, Canada)
What is the test for assessing costs on a partial indemnity or substantial indemnity basis? (Prince Edward Island, Canada)
What is the test for a motion to quash an appeal under section 21(4) of the Judicature Act? (Prince Edward Island, Canada)
What are the consequences of a motion to strike? (Prince Edward Island, Canada)
When a motion judge exercises her new fact-finding powers under Rule 20.04(2.04) of the new summary judgment rule, is this a case of mixed fact and law? (Prince Edward Island, Canada)
Can a motion judge reverse a finding of fact? (Prince Edward Island, Canada)
What is the standard of review for a motion? (Prince Edward Island, Canada)
What is the test for a motion to vary a custody order? (Prince Edward Island, Canada)
