Can a judgment be granted under rule 12.02 of the Rules of Civil Procedure if the claim or defence in question has no meaningful chance of success?
Ontario, Canada
The following excerpt is from Tuka v Butt, 2014 CanLII 7228 (ON SCSM):
27. Harkening to the direction that we must avoid the jurisprudential baggage developed under Rules 20 and 21 of the Rules of Civil Procedure, the expression which I used in Diler v. Uppal, [2010] O.J. No. 1903 (Sm. Cl. Ct.), was “no meaningful chance of success at trial.” I held that a judgment could be granted under rule 12.02 if the claim or defence in question had “no meaningful chance of success.”
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