What is “real chance of success” in a summary judgment application?

Nova Scotia, Canada


The following excerpt is from Spencer v. Canada (Attorney General), 2010 NSSC 446 (CanLII):

The trial judge defined “real chance of success” in Eikelenboom et al v. Holstein Canada, 2003 NSSC 241, [2003] N.S.J. No. 479, as follows at para. 10: ... A "real" chance of success is not to be expressed in percentages. It does not mean that the plaintiffs are likely to succeed at trial or have a better than 50/50 chance of success. At trial, plaintiffs have the onus of establishing their claim on the balance of probabilities. A real chance of success means the possibility of their success is not illusory or unrealistic. It is no more than saying they could succeed and the determination of whether they will or not should be left for the trial. The trial judge will have to examine all the surrounding circumstances. That is not the role of a chambers judge on a summary judgment application.

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