Is it plain and obvious that the action must fail?
Alberta, Canada
The following excerpt is from Big Bear Hills Inc. v. Bennett Jones Alberta Limited Liability Partnership, 2010 ABQB 764 (CanLII):
In deciding whether it is plain and obvious that the action must fail, I must not evaluate the evidence, rather I must decide whether there is any evidence which could support the Plaintiffs’ allegations: Pauk v. Catholic Parish of Saint Nykolaja of Greek Ruthenian Rite to Rome, 2008 ABCA 16 at paragraphs 4-6.
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