What is the test for rule 12.02?
Ontario, Canada
The following excerpt is from Dietrich v Fournier, 2016 CanLII 16557 (ON SCSM):
9. One test that has been approved for a rule 12.02 motion is whether the claim has “no meaningful chance of success at trial”: O’Brien v. Ottawa Hospital, [2011] O.J. No. 66 (Div. Ct.). As noted above, the plaintiff has filed no evidence in response to this motion.
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