In what circumstances will a motion to dismiss an action be dismissed?
Ontario, Canada
The following excerpt is from Bujold v. Taylor, 2003 CanLII 6322 (ON SC):
In Ruscetta, Finlayson J.A. writes : “The motions judge was correct in relying upon Weber v. Ontario Hydro (1995), 1995 CanLII 108 (SCC), 125 D.L.R. (4th) 583 (S.C.C.) in dismissing the action. The cause of action need only be part of the factual basis of a dispute arising out of the Collective Agreement to be subject to resolution under the Agreement.”
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