What is the scope of a motion under Rule 23.01(1)(a)?

New Brunswick, Canada


The following excerpt is from Dostie v. Royal & Sunalliance Insurance Company of Canada, 2004 NBQB 195 (CanLII):

At paragraph 19, in Norris v. Lloyd’s of London (supra), Drapeau, J.A. set out the court’s mandate in a motion under Rule 23.01(1)(a), as follows: As I read rule 23.01(1)(a), the court’s function is limited to determining a point of law raised by a pleading. Its mandate is not to actually dispose of . . . the trial or to actually bring about a substantial saving of costs. If the potential for achieving any of these results exists, the court may exercise its discretion and determine the point of law. To state it otherwise, the possibility that the determination of a question of law may dispose of the action is a condition precedent to the exercise of discretion envisaged by rule 23.01(1)(a): the actual disposal of the action is not effected under it, a companion or follow-up motion being required.

Other Questions


What is the test for a motion of motion of no confidence in pleading? (New Brunswick, Canada)
What is the test for a motion to stay a motion of appeal against an allegation of sexual assault? (New Brunswick, Canada)
Can a servient tenement owner unilaterally reduce the territorial scope of their right of way? (New Brunswick, Canada)
What is the evidentiary record of a motion under Rule 23.01(1)(b)? (New Brunswick, Canada)
What is the test for a motion judge to seek maximum contact with each parent? (New Brunswick, Canada)
What is the standard of review for the purpose of determining the correctness of a motion? (New Brunswick, Canada)
What is the test for unreasonable delays in the process of determining whether a motion has been heard in the Superior Court of Justice? (New Brunswick, Canada)
What is a Respondent's duty to produce admissible evidence in a motion for summary judgment? (New Brunswick, Canada)
Can a motion to strike out a pleading be struck out on the grounds that it does not disclose a reasonable cause of action or defence? (New Brunswick, Canada)
What is the test for a motion for non-suit? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.