What is the test for a summary judgment on pleadings?
Nova Scotia, Canada
The following excerpt is from McDougall v. Nova Scotia (Workers’ Compensation Board), 2016 NSSC 333 (CanLII):
In considering an application for summary judgment on pleadings, the court is required to “take as proven all of the allegations in the statement of claim. It must then determine whether the claims as pleaded are clearly unsustainable”: Andrews v. Duncan, 2016 NSSC 103, [2016] N.S.J. No. 148, at para. 7.
"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
In assessing a motion for summary judgment on pleadings, how have the pleadings been interpreted? (Nova Scotia, Canada)
In what circumstances will a judge refuse summary judgment in a case with a plaintiff seeking summary judgment? (Nova Scotia, Canada)
What is “real chance of success” in a summary judgment application? (Nova Scotia, Canada)
What is the test for partial summary judgment in a personal injury case? (Nova Scotia, Canada)
What is the test for a motion for summary judgment in a statement of claim? (Nova Scotia, Canada)
What is the test for a motion for summary judgment under the Rules of Civil Procedure? (Nova Scotia, Canada)
What is the two part test for summary judgment? (Nova Scotia, Canada)
What is the appropriate test for a motion for summary judgment? (Nova Scotia, Canada)
How have courts dealt with an application for summary judgment in a workplace dispute? (Nova Scotia, Canada)
What is the test for summary judgment in a case where a defendant refused to pay a note because the steel used in the contract was substandard? (Nova Scotia, Canada)
