What is the test for a motion to establish that a relationship is not fully understood in a religious context?
Ontario, Canada
The following excerpt is from Ivantchenko, et al. v. The Sisters of Saint Kosmas Aitolos Greek Orthodox Monastery, 2011 ONSC 6481 (CanLII):
This review of the underlying facts shows that this motion suffers from infirmities that should cause a court to step back. This is because of the risk that a decision could cast in legal stone a relationship in a religious context that is not fully understood by the court. The parties are obliged to place the appropriate materials before the court, as noted by Gonthier J. in Lakeside Colony of Hutterian Brethren v. Hofer, supra, at paras. 63-64.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is required to establish a fiduciary relationship outside of the established categories? (Ontario, Canada)
What categories of sufficiently proximate relationships have been established by the jurisprudence in the context of the law of negligence? (Ontario, Canada)
What is the test for elevated costs of a motion for a motion to amend a motion? (Ontario, Canada)
What is the standard of review for a motion of no confidence in a motion to amend the terms of a motion? (Ontario, Canada)
What is the test for establishing that a relationship can be protected in a tort action where the relationship was not in place at the time of the tortious conduct? (Ontario, Canada)
On an interim motion, is it more likely that the court will grant a motion to allow the motion to be heard before trial? (Ontario, Canada)
What is the test for interlocutory relief in the context of religious freedom and religious freedom? (Ontario, Canada)
What is the threshold to maintain an objection to a motion of motion where the next step in the proceeding is documentary discovery? (Ontario, Canada)
What is the consequence of a motion judge's decision not to bifurcate the liability and penalty phases of a contempt motion? (Ontario, Canada)
What are the consequences of seeking a therapeutic order in the context of a motion for spousal support? (Ontario, Canada)
