Is a plaintiff entitled to a strike out of his statement of claim on the grounds of immunity?
Alberta, Canada
The following excerpt is from Romaniuk v. Alberta, 1988 CanLII 3451 (AB QB):
The issue is clearly arguable and hence is a matter which should be resolved at trial. In accordance with the law stated in Cerny v. Can. Indust. Ltd., supra, it would appear to be inappropriate to resolve this matter on the grounds of immunity by striking out the plaintiff’s statement of claim.
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