Is a plaintiff required to produce evidence on each element of the cause of action?
Ontario, Canada
The following excerpt is from Pardhan v. Bank of Montreal, 2012 ONSC 2229 (CanLII):
Finally, a plaintiff is not required to produce evidence on each element of a cause of action pleaded. As Lax J. stated in Glover v. Toronto (City), 2009 CanLII 16740 (ON SC), [2009] O.J. No. 1523 (“Glover”) at para. 56: “One cannot give meaning to the concept that the criterion in section 5(1)(a) is to be satisfied without evidence, but then require the plaintiffs to produce evidence for each of the material facts alleged.”
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