In what circumstances will a judge order that a defence in a personal injury case is not frivolous?
Saskatchewan, Canada
The following excerpt is from Gladstone Petroleum Ltd. v. Husky Oil (Alberta) Ltd., 1968 CanLII 521 (SK CA):
In Lovibond v. G.T.R., supra, Rose, C.J.H.C., stated at p. 739: “These considerations lead to the conclusion that if the points of law raised by the defence in paras. 23, 24 and 25 are not obviously frivolous, and if a decision upon one or another of them favourable to the defendants might remove the necessity of going into such questions as have been mentioned, and if the points of law can really be determined satisfactorily without the taking of evidence, the order asked for ought to be made.”
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