What is the test for striking a Statement of Claim?
Nova Scotia, Canada
The following excerpt is from Tanner v. Lunenburg (Town), 2012 NSSC 424 (CanLII):
... If a plaintiff ... is unsuccessful in an application under s. 3(2) of the Act [to extend the limitation period time], it is by no means automatic that the court will necessarily strike the Statement of Claim or otherwise grant judgment in favour of the Defendant. See Layes v. Chisholm, [1997] N.S.J. 190 [C.A.]. Absent an application by the plaintiff, the defence simply is allowed to stand and, like many defences, be determined at trial. ... [my notation in parenthesis]
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