What is the test for bringing a motion for personal injury relief?

As well, they argue that, as the moving defendant consented to this matter being listed for trial, leave is required for them to bring this motion. However, it is acknowledged that when the motion involves serious matters affecting substantive rights as opposed to routine interlocutory procedural matters the merits of the requested relief become a fundamental consideration. This is so to ensure the case is fully canvassed at trial subject to any prejudice to the responding party that cannot be compensated by costs. [see Goma v. Raghunandan [2011] O.J. No. 4916]