What is the legal test for determining the validity and strength of a plaintiff's claim at trial?
British Columbia, Canada
The following excerpt is from Santelli v Trinetti, 2017 BCSC 822 (CanLII):
With regard to the legal test, I understood that the parties agreed the factors are set out in Navarro v. Doig River First Nation, 2015 BCSC 2173. The parties disagree, obviously, on how those factors play out. However, the paramount issue is the fairness of the trial, and that is the factor that the respondent emphasized. But as I have said, the validity and strength of his submissions on that relies on his submission about the relevance of the documents, which is a matter of dispute.
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