In what circumstances will a motion to dismiss be successful?
Ontario, Canada
The following excerpt is from Finlayson Enterprises Ltd. v. Mallette, 2006 CanLII 1325 (ON SC):
In paragraph 26: “In DeMarco v. Mascitelli (2001), 14 C.P.C. (5th) 384: “although a defendant is encouraged to take steps to progress the litigation, it is not fatal to a motion to dismiss where it has not done so.”
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