What is the legal test for determining whether a plaintiff has met the proper legal test?
Yukon, Canada
The following excerpt is from Bays v. Dindia, 2019 YKSC 61 (CanLII):
In this case, whether or not the proper legal test was applied is a question of law to be reviewed on the basis of correctness (R v. Shepherd, 2009 SCC 35, at para. 20).
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