What is the test for striking out a pleading that discloses no reasonable cause of action?
Ontario, Canada
The following excerpt is from Dunkley v. York Regional Police Services Board, et al, 2019 ONSC 159 (CanLII):
Rule 21.01(1)(b) provides that a judge may strike out a pleading that discloses no reasonable cause of action. On this motion, the AGO must show that it is “plain and obvious” that the claim cannot succeed. This test will be met where: 1) the plaintiff pleads allegations that do not give rise to a recognized cause of action or 2) the plaintiff fails to plead a necessary element of a recognized cause of action; see Hunter v. Bravener et al. [2003] O.J. No 1613 (CA) at paras. 3-5, application for leave to appeal dismissed [2003] SCCA No 306.
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