When will a defendant succeed in their non-suit application?
Alberta, Canada
The following excerpt is from Inland Concrete Limited v. Commonwealth Insurance Company, 2010, 2010 ABQB 600 (CanLII):
When I evaluate the plaintiff’s evidence to determine whether the defendant succeeds in their non-suit application, I assume that evidence is entirely true, and void of contradiction: German v. Alberta, 2009 ABQB 558 (CanLII), para. 10. B. Did the Plaintiff Prove Any Damages?
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a Defendant to make an application for a specific performance on a land lease? (Alberta, Canada)
How have the Respondent Defendants dealt with the Application? (Alberta, Canada)
Can a defendant defend using qualified privilege in a defamation action against a plaintiff who made a defamatory statement? (Alberta, Canada)
In a non-parental application for access to a child, does the court need to be careful not to allow the argument of conflict or potential conflict to defeat the application? (Alberta, Canada)
Is a defendant or defendant by counterclaim success when one side seeks more than they initially sought? (Alberta, Canada)
What is the test for a successful defendant to claim costs directly from the unsuccessful defendant? (Alberta, Canada)
Can a defendant bring an application to have a separate action for replevin consolidated? (Alberta, Canada)
What is the test for an application to appeal against a finding that an application is frivolous? (Alberta, Canada)
What is the applicable law for a Summary Dismissal Application? (Alberta, Canada)
Does a co-defendant have to pay the costs of an unsuccessful defendant in a motor vehicle accident action? (Alberta, Canada)
