Can a court strike a pleading under Rule 129(1)(a) for failing to disclose a reasonable cause of action?
Alberta, Canada
The following excerpt is from Zachry Energy International Inc. v. Sinopec Shanghai Engineering Co. Ltd., 2009 ABQB 265 (CanLII):
Rule 129(1)(a) allows the court to strike pleadings for failing to disclose a reasonable cause of action. In determining whether such an application should be granted, the court will assume that the pleadings are proven and that it is plain and obvious that the pleading discloses no reasonable cause of action. (Hunt v. Carey Canada, 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959).
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