What is the effect of a motion for a second dismissal?

Ontario, Canada


The following excerpt is from Avdeeva v. Khankaldiyan, 2022 ONSC 638 (CanLII):

In dismissing the Defendant’s first dismissal motion on August 6, 2015, Master Abrams held: “while I am not now dismissing the plaintiff’s claims, I do note that the plaintiff is perilously skirting the edge” and that she was “giving the plaintiff one last chance to do what she ought to have done before now – failing which she risks having her claims dismissed, with costs” (Avdeeva v. Khankaldiyan, 2015 ONSC 4984 at paras. 12, 14, and 17-18).

Other Questions


In what circumstances will a motion to dismiss an action be dismissed? (Ontario, Canada)
What are the reasons for a motion to dismiss a motion for summary judgment? (Ontario, Canada)
What is the test for a motions judge to dismiss a motion for personal injury? (Ontario, Canada)
Can a motion to dismiss an invasion of privacy claim be dismissed at common law? (Ontario, Canada)
What is the test for elevated costs of a motion for a motion to amend a motion? (Ontario, Canada)
On an interim motion, is it more likely that the court will grant a motion to allow the motion to be heard before trial? (Ontario, Canada)
Can a motion for summary judgment be dismissed or adjourned if there are outstanding undertakings on the motion? (Ontario, Canada)
What is the effect of an appeal from the order of the original motion judge, set aside the order dismissing the action and granted leave to amend the statement of claim as against Larkin? (Ontario, Canada)
Is a motion to dismiss a motion for malicious prosecution pursuant to Rule 20 successful? (Ontario, Canada)
What is the standard of review for a motion of no confidence in a motion to amend the terms of a motion? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.