At paragraph 19, in Norris v. Lloyd’s of London (supra), Drapeau, J.A. set out the court’s mandate in a motion under Rule 23.01(1)(a), as follows: As I read rule 23.01(1)(a), the court’s function is limited to determining a point of law raised by a pleading. Its mandate is not to actually dispose of . . . the trial or to actually bring about a substantial saving of costs. If the potential for achieving any of these results exists, the court may exercise its discretion and determine the point of law. To state it otherwise, the possibility that the determination of a question of law may dispose of the action is a condition precedent to the exercise of discretion envisaged by rule 23.01(1)(a): the actual disposal of the action is not effected under it, a companion or follow-up motion being required.
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