Does a motion to strike have to be considered a cause of action?

Certain limited exceptions to this general principle were identified in Ring v. Canada (Attorney General), 2007 NLTD 146, 268 Nfld. & P.E.I.R. 204, though that case considered the class action cause of action certification threshold requirement which is homologous to the requirements for a motion to strike. In Ring v. Canada (Attorney General), the court identified three limited exceptions where a judge may proceed to the second stage of the Anns analysis: (1) where the parties had agreed fully as to the evidence that would be relied upon during the Anns test second step analysis; (2) where the facts plead by the plaintiff and the relevant legislation were sufficient foundation for the court to find it plain and obvious that no cause of action existed; or (3) where the court found that it already had been supplied all the relevant factual evidence for the Anns test second step, and thus might proceed.