What is the test for a motion for successor liability?

Respecting the issue of “successor liability”, I acknowledge that there will inevitably be a highly contested legal argument. For the purposes of this motion, I must take note of the court’s decision on the New Brunswick jurisdiction motions where the court observed that “Canadian courts have found that successor liability claims are arguable.” See New Brunswick v. Rothmans Inc., supra (at para. 72 of this judgment). Again, assuming the Province’s facts to be true and in light of the successor liability argument that remains arguable, it is not possible at this stage to conclude that it is plain and obvious that those affected parts of the claim (respecting successor liability) cannot succeed.