What is the test for striking a motion to amend or amend a Claim?

Ontario, Canada


The following excerpt is from Dunkley v. York Regional Police Services Board, et al, 2019 ONSC 159 (CanLII):

Many of the allegations in the Claim fail to set out material facts sufficient to support the asserted causes of action and/or are simply conjecture or speculation unsupported by material facts. On that basis alone they should be struck; see Hunter v. Bravener, [203] O.J. No. 1613 at para. 5. However, in my view, to avoid the parties incurring further expense in bringing pleadings motions, I will determine whether or not the plaintiff has a reasonable cause of action on the basis asserted as a matter of law and consider whether or not I ought to grant leave to amend the Claim.

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