What is the test for a functional analysis of an action?
Alberta, Canada
The following excerpt is from Brar v. Pawa, 2010 ABQB 779 (CanLII):
The Court of Appeal has noted the importance of adopting a functional approach when undertaking an analysis to determine if the things done in an action move it in a material way toward trial: Phillips v. Sowan 2007 ABCA 101.
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