What is the test for an action under which an action cannot succeed?

Alberta, Canada


The following excerpt is from Albers v. Woolworth Canada Inc., 1999 ABQB 696 (CanLII):

In German v. Major et al, (1985) 30 Alta. L.R. (2d) 270 at 276 Kerans J.A. said the test was whether it is plain and obvious that the action cannot succeed.

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