What is the test for a prima facie claim?
Alberta, Canada
The following excerpt is from Acquest/Alberta Mining Inc. v. Barry Developments Inc., 1999 ABQB 511 (CanLII):
I find the test to be that of a prima facie claim that is to say “on the face of it” or “a fact presumed to be true unless disproved by some evidence to the contrary” (Black’s Law Dictionary 5th ed.). A claim must be based upon facts which if they are believed are complete and sufficient to justify the claim (Re Ontario Human Rights Commission et al v. Simpson-Sears Ltd., supra).
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