What is the test for determining whether an appeal is frivolous and vexatious?
Ontario, Canada
The following excerpt is from Health Genetic Center Corp. (Health Genetic Center) v. New Scientist Magazine, 2019 ONCA 576 (CanLII):
In ascertaining whether “there is good reason to believe that the appeal is frivolous and vexatious”, the court need not reach a definitive conclusion. Rather, the language “suggests a tentative conclusion of absence of merit”: York University v. Markicevic, 2017 ONCA 651, at para. 24.
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