Royal Laser Corp. v. Ruben RivasPosted March 4, 2016
2011 ONCA 655; Lerners acted for the respondent solicitors in this appeal of an unsuccessful motion to add the respondents as defendants. The Ontario Court of Appeal held that the motion judge erred by considering the merits of the proposed claim during the motion. The Court held that on a motion to add a defendant, the motion judge is not entitled to consider evidence and must only consider whether the proposed claims are tenable at law. The Ontario Court of Appeal allowed the appeal and ordered that the respondents be added as defendants to the action.