What is the test for calling upon a defendant to respond to the issue of just cause?
Ontario, Canada
The following excerpt is from Murphy v. Williams Operating Corp., 1997 CanLII 12332 (ON SC):
5 I have considered the arguments of both counsel. I have considered the decision of Jerome v. Anderson reported in 1964 CanLII 71 (SCC), [1964] S.C.R. 291. I have considered the evidence which has been adduced to date through examination and cross-examination of the plaintiff and I have concluded that this is one of those unusual cases where I should exercise my discretion and call upon the defendant to adduce its evidence in support of the issue of just cause before calling upon the plaintiff to respond.
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