On a Rule 21.01(1)(b)(b) motion, can the allegations set out in the Statement of Claim be taken as true?
Ontario, Canada
The following excerpt is from Diaz v Tossa, 2017 ONSC 54 (CanLII):
On a Rule 21.01(1)(b) motion, the allegations set out in the Statement of Claim must be taken as true unless blatantly ridiculous or incapable of proof. Bald allegations are assumptions or speculations that are by their very nature incapable of proof by the adduction of evidence, and therefore are not to be taken as true: Holland v. Ontario, [2000] O.J. No. 566.
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