What is the test for striking out a statement of claim?
Saskatchewan, Canada
The following excerpt is from American Hoist of Canada Limited v. Schule, 1983 CanLII 2164 (SK QB):
On an application to strike out a statement of claim on the ground that it discloses no reasonable cause of action the only documents which may properly be considered are the notice of motion, the statement of claim itself, particulars furnished pursuant to a demand therefor, and any document which is referred to in the statement of claim upon which the plaintiff must rely for the establishment of his claim, for such a document is to be considered for the purposes of the application as forming part of the pleading: Hogan v. Brantford (City) (1909-10), 1 O.W.N. 226, referred to with approval and applied by Disbery, J., in Balacko v. Eaton’s of Canada Limited (1967), 1967 CanLII 369 (SK QB), 60 W.W.R.(N.S.) 22.
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