What is the test for disclosing a reasonable cause of action?
Alberta, Canada
The following excerpt is from Bruce Estate v. Toderovich, 2010 ABQB 709 (CanLII):
The first question to be determined is whether it is “plain and obvious” that the pleadings do not disclose a reasonable cause of action: Elder Advocates of Alberta Society v. Alberta, 2009 ABCA 403 at para. 23.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a party to an action extend the action by unilateral action, when nothing has been done to materially advance the action for five years or more? (Alberta, Canada)
Can a court strike a pleading under Rule 129(1)(a) for failing to disclose a reasonable cause of action? (Alberta, Canada)
Is a cause of action disclosed in a Statement of Claim? (Alberta, Canada)
Does third party notice disclose a cause of action? (Alberta, Canada)
What is the test for determining an amount received by reason of action against an employer as a result of action taken against it? (Alberta, Canada)
Is the pleading as amended to a Statement of Claim striking as disclosing no cause of action? (Alberta, Canada)
Is an application to strike out a pleading on the ground it does not disclose a cause of action an attack on the sufficiency of the pleading? (Alberta, Canada)
What is the test for an application to strike a proceeding on the basis that it does not disclose a cause of action? (Alberta, Canada)
How much evidence is required to prove cause of action? (Alberta, Canada)
Is there a cause of action for damages arising from the date of time running out? (Alberta, Canada)
