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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