What is the applicable test for dismissal under Rule 12.02(1)?
Ontario, Canada
The following excerpt is from Camm v Kirkpatrick, 2013 CanLII 53193 (ON SCSM):
Both parties agreed that the applicable test for dismissal under Rule 12.02(1) is “no meaningful chance of success at trial”: O’Brien v. Ottawa Hospital, [2011] O.J. No. 66 (Div. Ct.).
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