What is the effect of a motion to strike out a statement of claim?

Prince Edward Island, Canada


The following excerpt is from McGowan v. Bank of Nova Scotia, 2011 PECA 20 (CanLII):

Taylor J. heard the motion and while he dismissed the motion on the ground that the statement of claim was frivolous, vexatious or otherwise an abuse of the process of the court, he allowed the motion and struck out the statement of claim on the ground that it did not disclose a reasonable cause of action. See: McGowan v. Bank of Nova Scotia 2010 PESC 17; [2010] P.E.I.J. No. 13; (2010), 296 Nfld. & P.E.I.R. 321; (2010), 96 C.P.C. (6th) 320.

Other Questions


What is the effect of an order striking out a statement of claim? (Prince Edward Island, Canada)
What are the consequences of a motion to strike? (Prince Edward Island, Canada)
What are the grounds for malice in the statement of claim? (Prince Edward Island, Canada)
Is a statement of claim sufficient to be struck out in full? (Prince Edward Island, Canada)
What is the effect of the totality principle on a sentence when dealing with multiple offences? (Prince Edward Island, Canada)
When a motion judge exercises her new fact-finding powers under Rule 20.04(2.04) of the new summary judgment rule, is this a case of mixed fact and law? (Prince Edward Island, Canada)
Can a surety claim against the principal debtor in a personal injury case? (Prince Edward Island, Canada)
When a motion judge exercises her new fact-finding powers under Rule 20.04(2.04) and determines whether there is a genuine issue requiring trial, is it deference? (Prince Edward Island, Canada)
When will a mortgagee succeed in a claim against the mortgagor? (Prince Edward Island, Canada)
What is the effect on the value of the wife's net family property after a short marriage? (Prince Edward Island, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.