What is the effect of an order striking out a statement of claim?
Prince Edward Island, Canada
The following excerpt is from Kelly v. Canada (Attorney General), 2010 PECA 17 (CanLII):
The appellant appeals from the order of Cheverie J. following his decision on a motion pursuant to Rule 21.01 in Kelly v. Canada (Attorney General) 2009 PESC 41. The order struck out her statement of claim on the basis that it discloses no reasonable cause of action, and dismissed her action because it is frivolous, vexatious and statute barred. The order required the appellant to pay costs on the motion.
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