Can a judgment be granted under rule 12.02 of the Rules of Civil Procedure if the claim or defence in question has no meaningful chance of success?

Ontario, Canada


The following excerpt is from Tuka v Butt, 2014 CanLII 7228 (ON SCSM):

27. Harkening to the direction that we must avoid the jurisprudential baggage developed under Rules 20 and 21 of the Rules of Civil Procedure, the expression which I used in Diler v. Uppal, [2010] O.J. No. 1903 (Sm. Cl. Ct.), was “no meaningful chance of success at trial.” I held that a judgment could be granted under rule 12.02 if the claim or defence in question had “no meaningful chance of success.”

Other Questions


Is Rule 24(1) of the Rules of Civil Procedure applicable in determining costs of a claim against a party who is successful in a claim? (Ontario, Canada)
What is the test for substantial merit on a motion to strike a claim pursuant to Rule 21 of the Rules of Civil Procedure? (Ontario, Canada)
What steps have been taken in a civil action under Rule 1(8) of the Rules of Civil Procedure? (Ontario, Canada)
What is the test for summary judgment under Rule 20 of the Rules of Civil Procedure? (Ontario, Canada)
In what circumstances has the Court considered an offer to settle a claim for damages under Rule 49 of the Rules of Civil Procedure? (Ontario, Canada)
What is the test for determining the elements of a claim under Rule 1.04 of the Rules of Civil Procedure? (Ontario, Canada)
How does rule 16 of the Rules of Civil Procedure apply to summary judgment? (Ontario, Canada)
Can the court use the application procedure under rule 14.05(h) of the Rules of Civil Procedure to determine whether there will be any material facts in dispute? (Ontario, Canada)
What is the test for pleading under Rule 21.01, 25.11 and 25.06 of the Rules of Civil Procedure? (Ontario, Canada)
Is Rule 2 (2) of the Rules of Civil Procedure sufficient to add a fourth fundamental purpose for costs? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.