The following excerpt is from American Axle & Manufacturing, Inc. v. Durable Release Coaters Limited, 2007 CanLII 20094 (ON SC):
I agree with the test as stated by Nordheimer J. Having said that, and notwithstanding that the Master followed the test set out by Rivard J. in Sun v. Ho, supra, no reversible error results; in fact, the test applied by the Master is more stringent in respect of the strength of the plaintiff's claim.
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