What is the test for striking out a claim under Rule 9-5 of the Rules of Civil Procedure?
British Columbia, Canada
The following excerpt is from Owimar v I.C.B.C, 2019 BCSC 1199 (CanLII):
I have concluded that the Claim should be struck out pursuant to Rule 9-5(1)(a) as it is plain and obvious that it discloses no reasonable claim and it is bound to fail. I have also concluded the Claim is liable to be struck pursuant to paragraphs (b), (c) and (d) of Rule 9-5(1) for the same reasons as those set out in Owimar v. Stewart, which was heard at the same time as the present application.
In the alternative, I have concluded that the Claim should be dismissed pursuant to Rule 9-6 on the basis that it is statute barred. I have reached that conclusion for the same reasons as those set out in Owimar v. Stewart.
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