What is the legal test for summary dismissal?
Alberta, Canada
The following excerpt is from Bossio v. Andreana, 2012 ABQB 492 (CanLII):
Within the context of a Defendant applying for summary dismissal, the Defendant mist demonstrate that it is “plain and obvious”, or “clear” or “beyond real doubt” that the action should be summarily disposed if, If this burden is met, a Plaintiff must then demonstrate a “real chance of success” to avoid summary dismissal. Tottrup v. Clearwater (Municipal District No. 99), 2006 ABCA 380, at paragraph 10 [Tab 4]
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