What is the test for determining that a claim is not without merit in a personal injury case?
Ontario, Canada
The following excerpt is from Fiorellino-Di Poce v. Di Poce, 2019 ONSC 7074 (CanLII):
In Rea v. Rea, 2016 ONSC 382, at para. 24, the court held that “at this early stage in the proceeding there is no reason to conclude that the claims advanced by either party are without merit. All claims advanced by the parties are, prima facie, meritorious at this early stage of these proceedings.”
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