What is the burden of proving that an action has failed to succeed?
Alberta, Canada
The following excerpt is from Dechant v. Law Society of Alberta, 2006 ABQB 908 (CanLII):
The Law Society has also phrased its burden as the requirement to show that “it is plain and obvious that the action will not succeed” or that there is “no reasonable prospect of success”. Prefontaine v. Veale (2003), 339 A.R. 340, 2003 ABCA 367, Boudreault v. Barrett (1998), 219 A.R. 67, 1998 ABCA 232.
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