What is the legal test for summary judgment or summary dismissal?
Alberta, Canada
The following excerpt is from Lethbridge Dodge Chrysler Jeep Ltd v. Malm, 2011 ABQB 1 (CanLII):
The court will not readily deny a litigant his or her day in court. The test for summary judgment or summary dismissal is high. It must be plain and obvious that the defence will fail: Huet v. Lynch 2000 ABCA 97.
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