What is the test for making assumptions and/or speculations in a Statement of Claim?
Ontario, Canada
The following excerpt is from Prince v Attorney General of Ontario, 2016 ONSC 675 (CanLII):
As held by Justice Ratushny in Holland v. Ontario (Ministry of the Attorney General) [2000] O.J. No. 566 (S.C.J.), any allegations which take the form of assumptions and/or speculations are not to be taken as true because by their very nature they are incapable of proof by the adduction of evidence. The Fresh as Amended Statement of Claim
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