What is the test under Rule 21 for dismissal?
Ontario, Canada
The following excerpt is from Schellenberg v. International Brotherhood et. al., 2014 ONSC 7305 (CanLII):
The test under Rule 21 for dismissal is whether it is “plain and obvious that the Plaintiffs’ action cannot succeed”. MacDonald v. Ontario Hydro, (1994) CanLII 2294 (ONSC).
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