Is a plaintiff's claim relating to Concorde's Early Patents to be dismissed as disclosing no reasonable cause of action?
British Columbia, Canada
The following excerpt is from MacMillan v. Kaiser, 2003 BCSC 672 (CanLII):
The Axia defendants submit that because the plaintiff transferred all of his interest in the Early Patents to Concorde in the 1990 Shareholders Agreement, at least that part of his claim relating to those patents, should be dismissed as disclosing no reasonable cause of action. Rule 19(24)(a) codifies the court’s inherent jurisdiction to dismiss an action on the basis it discloses no reasonable cause of action. The applicant must establish, without recourse to the evidence, that it is plain and obvious that the pleadings disclose no reasonable action: Hunt v. T & N plc, 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959. The defendants cannot meet that onus here. Appropriateness for disposition by Rule 18A:
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