Is Rule 22 sufficient to prevent a matter from proceeding to trial?
New Brunswick, Canada
The following excerpt is from Chen v. Chen-Ludlow, 2004 NBQB 261 (CanLII):
I recognize that there is a predisposition to permit a matter to proceed to trial with the fulsome evaluation of the evidence which would occur. However, Rule 22 expressly provides a method of evaluating the merits of the action or defence. As was stated in Cannon v. Lange supra this rule is designed to rid innocent parties and the legal system of actions without merit.
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