What is the test for a motion to strike out an amendment to the Rules of Civil Procedure?
Ontario, Canada
The following excerpt is from Hainey v. Hainey, 1999 CanLII 14992 (ON SC):
In Vaiman v. Yates (1987), 1987 CanLII 4345 (ON SC), 60 O.R. (2d) 696 (Ont. H.C.), decided after the amendments, Rosenberg J., at p. 698, asked: Why should the defendant be faced with an amendment and then have to move to strike it out on the grounds that it discloses no cause of action. If the master is of the opinion that it discloses no cause of action, he should not allow the amendment and state his reasons. The plaintiff then has the right to appeal. Molloy J. calls this a “logical rationale. I agree.
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