What is the test for a motions judge to determine if a plaintiff is entitled to a trial?
Alberta, Canada
The following excerpt is from Spurrell v. Bradford, 2002 ABQB 864 (CanLII):
The motions judge should analyze the case by looking “at the merits of the claim and the defence and determine whether there is an issue requiring a trial.”: Boudreault v. Barrett (No 2), ibid.
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