What is the test for dismissing a motion for sexual assault?
Canada (Federal), Canada
The following excerpt is from CP Ships Trucking Ltd. v. Kuntze, 2006 FC 1174 (CanLII):
However, in Marshall v. Canada, the judge indicated as follows: "I am not persuaded that the merits of her case are so slight that it should be dismissed at this stage": Marshall v. Canada, 2002 FCA 172, para. 24.
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