What is the test for striking out an amended statement of claim?
Manitoba, Canada
The following excerpt is from Donald B. Holdings Ltd. et al v. The City of Winnipeg, 2011 MBQB 201 (CanLII):
When considering the allegation that the pleadings disclose no reasonable cause of action, established case law makes clear that the facts pleaded in the amended statement of claim are assumed to be true, unless the alleged facts are ridiculous or incapable of proof. Further, it must be “plain and obvious” that the claim discloses no reasonable cause of action before it can be struck out. See, for example, Driskell v. Dangerfield, 2007 MBQB 142.
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