PROC 124 Lecture Notes - Lecture 23: Advantageous, Cookie Jar (Company), Socalled
24 Jan 2018
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Simplified procedure: summary dismissal (summary: contemporary trend (is quite clear): towards greater use of summary dismissal. We"re not compromising the rights of the respondent: scc in it emphasized this point by saying: we don"t need to look at the evidence in a motion to strike. The tobacco companies are wrong in resisting summary dismissal here on the grounds that they could find useful info during discovery. It"s now clear in qc that a motion to strike can be granted at only part of claim. It : tobacco companies try to bring in the gov"t as a defendant (appel en garantie). Gov"t is saying there"s cause of action which allows tobacco companies to transfer any liability to us. They put this q to the judge: dismiss this, we shouldn"t be here and there"s no need for a trial bc their claim is fundamentally flawed in law.
