What is the test under rule 19(24) of the Canadian Rules of Civil Procedure for determining that a plaintiff’s statement of claim discloses no reasonable cause of action?
British Columbia, Canada
The following excerpt is from Border Enterprises Ltd. v. Beazer East Inc., 2002 BCCA 449 (CanLII):
Counsel agreed that the test under rule 19(24) is whether it is “plain and obvious” that the plaintiff’s statement of claim discloses no reasonable cause of action: Hunt v. Carey Can. Inc. (1990), 1990 CanLII 90 (SCC), 49 B.C.L.R. (2d) 273.
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