What is the legal test for establishing a defence of a claim in a civil case?
Nova Scotia, Canada
The following excerpt is from Logic Alliance Inc. v. Jentree Canada Inc., 2005 NSSC 2 (CanLII):
The first requirement quoted in Ives v. Dewar has been subsequently described as the establishment of a fairly arguable defence, or a serious issue to be tried, or a substantial issue to be tried.
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