Can an application to strike be struck as disclosing no reasonable cause of action?
British Columbia, Canada
The following excerpt is from Jones (Guardian of) v. Rostvig, 1999 CanLII 6400 (BC SC):
Claims similar to the present were considered on an application to strike as disclosing no reasonable cause of action in Bartok v. Shokeir, supra. Pritchard J. concluded that the infant plaintiff’s claim was “a complex, difficult and novel one that treads in substantially unchartered [sic] areas of tort law” and declined to strike it. The procedural test applied there differs from the one before me and I do not consider myself bound to reach the same result here.
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