What is the test for determining a reasonable possibility of success under Part XXIII.1 of the Rules of Civil Procedure?

Ontario, Canada


The following excerpt is from Green v. Canadian Imperial Bank of Commerce, 2012 ONSC 3637 (CanLII):

In Arctic Glacier, Tausendfreund J. considered the legislative history of Part XXIII.1, which led him to conclude that it was intended to provide a remedy that was impractical at common law, while at the same time protecting issuers from coercive, costly and abusive litigation. He referred to dictionary definitions of the words “reasonable” and “possibility” as well as the observations of van Rensburg J. in Silver v. Imax (Leave) at paras. 324, 326 and 330. He concluded, at para. 130: In my view, in assessing the existence of a reasonable possibility of success at trial, I must consider the relevant evidence, within the context of this motion. The applicable standard is more than a mere possibility of success, but is a lower threshold than a probability.

Other Questions


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)
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)
How has the Court determined the scope of discovery under Rule 30.03 of the Rules of Civil Procedure? (Ontario, Canada)
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)
What steps have been taken in a civil action under Rule 1(8) of the Rules of Civil Procedure? (Ontario, Canada)
What factors will be considered in determining the quantum of costs under Rule 24 (12) 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)
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)
How has Rule 25.11 of the Rules of Civil Procedure been interpreted? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.