What is the test for a motion to amend or strike a pleading?

On motions to amend or to strike pleadings, the court should not be concerned with the ultimate strength or viability of the allegations at trial. It is for the trier of fact to determine whether the evidence establishes proof of the matters pleaded. The motions judge need only determine whether there is some legal foundation for the pleading. If the proposed pleading involves an area of the law that is unclear, the court should refrain from deciding the issue on the motion. Again, such an issue should be left to the trial judge. Analysis (a) Breach of Trust v. Fiduciary Duty