168. A party may ask that an application or a defence be dismissed if
(1) there is lis pendens or res judicata;
(2) one of the parties is incapable or does not have the necessary capacity to act; or
(3) one of the parties clearly has no interest.
The party may also ask that an application or a defence be dismissed if it is unfounded in law even if the facts alleged are true. Such an exception may pertain to only part of the application or defence.
The court may, on the face of the record, deny an application for dismissal based on the grounds that it has no reasonable chance of success.
The party against which the exception is raised may be allowed a period of time to correct the situation but if, on the expiry of that period, the correction has not been made, the application or defence is dismissed.
The dismissal of an application may be urged even if the exception to dismiss was not raised before the first case management conference.
2014, c. 1, a. 168; 2020, c. 29, s. 2612.