What is the test for an allegation of sexual assault?

To satisfy this element of the test, it is not necessary for the claimant to prove her case. Rather, she need only prove a prima facie case. In Romanelli v. Romanelli, 2017 ONSC 1312, at para. 24, the court stated that it “must be a case which, based upon the facts presented in the affidavits, makes sense to prosecute”.

The question of whether a claim is meritorious is a lower threshold than the test for summary judgment: Dillon v. Dillon, 2013 ONSC 3134, at para. 30.

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.”