What is the test for a motion to strike that the law has not yet recognized a novel claim?
Ontario, Canada
The following excerpt is from Zuppinger v. Slightham, 2019 ONSC 5117 (CanLII):
While this issue may not be settled, this does not preclude the Claim going forward. It is not determinative on a motion to strike that the law has not yet recognized a particular claim or that the claim is novel: Paton Estate v. Ontario Lottery and Gaming Corp., 2018 ONCA 458 at para. 12, 48.
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