What is the test for a motion for summary judgment in a statement of claim?

Although this rule refers to a “statement of claim”, rule 13.02 defines this phrase to include the grounds in a notice of application. As a result, a summary judgment on pleadings is available in an application in court with the grounds set out in the notice being considered the pleading. On such a motion, the court must accept as proven all of the facts set out in the pleading and determine whether it is plain and obvious that it discloses no reasonable cause of action. A claim should only be struck out on a motion for summary judgment if it appears to be certain to fail or is absolutely unsustainable. (See Body Shop Canada Limited v. Dawn Carson Enterprises Limited, 2010 NSSC 25 at paras. 10-12.)