What is the test for the threshold to satisfy the first arm of the American Cyanamid test?
Alberta, Canada
The following excerpt is from Spiderplow Canada Ltd. v. Lyons, 2004 ABQB 921 (CanLII):
The Plaintiff relies on the decision of R.J.V. Gas Field Services v. Baxandall, [2002] A.J. 1154, 2002 ABQB 849 for the proposition that the threshold to satisfy the first arm of the American Cyanamid test is low; only a preliminary assessment of the merits is required to confirm that the claim is not frivolous or vexatious. There are serious triable issues in this case.
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