What is the test for demonstrating that an action cannot succeed?
Nova Scotia, Canada
The following excerpt is from National Bank Financial Ltd. v. Potter, 2006 NSSC 48 (CanLII):
Courts have, in decisions such as Currie v. Halton (Regional) Police Services Board [2003] O.J.N. 4516, allowed evidence with respect to the issue as to whether it’s obvious that an action cannot succeed or to demonstrate that the action “had no chance of success”.
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