The Plaintiff filed a Statement of Claim seeking specific performance of an offer to purchase a property, or in the alternative damages. The Defendant applied for Summary Dismissal. The Court made the following comments regarding the test for Summary Dismissal:

The test for summary dismissal is very high. It must be “plain and obvious that the action cannot succeed”, the action is “bound to fail”, or the action has “no prospect of success”.

The Court held that the numerous facts in dispute made the matter inappropriate for Summary Dismissal. Accordingly, the Application was dismissed.