What is the burden of proving a genuine issue for trial?
Ontario, Canada
The following excerpt is from Tran v. Zaharis et al, 2013 ONSC 6338 (CanLII):
In Romanov v. 854336 Ontario Ltd., [2004] O.J. No. 6250, Echlin J. stated at paragraph 5: Clearly the applicants have the burden of demonstrating, on the basis of a hard look at the evidence, that their proposed defences raise a genuine issue for trial. Such issues should have an "air of reality" about them.
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