What is the test for a motion to dismiss an application for damages for copyright infringement?

In the case of Belanger v. AT&T Canada Inc., [1994] B.C.J. No. 2792, Stansfield P.C.J. dealt with an application brought by a defendant for an order dismissing the claimant's action for damages for infringement of copyright. The defendant alleged the words the claimant claimed to have created could not as a matter of law be subject to copyright as a literary work. The application had been brought originally in chambers under Rule 16 and adjourned to a settlement conference. No evidence was tendered in support and the lack of jurisdiction was based on the pleadings alone. Stansfield P.C.J. said this in his reasons at paras. 6 to 7 and 11 to 14: