What is the test for summary judgment in a motion for summary dismissal?
Alberta, Canada
The following excerpt is from Donoghue v. Johnson, 2012 ABQB 295 (CanLII):
I turn, then, to the application for summary judgment. As with the proposed amendments, the parties are in substantial agreement as to the test to be applied. Both referred to the decision of Marceau J. of this Court in Kwan v. Superfly Inc., 2011 ABQB 343 in which he stated as follows at para. 23: I agree with the proposition that in general the test for summary dismissal is that it must be “plain and obvious that the action cannot succeed”, the action is “bound to fail” or the action has “no prospect of success” ...
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