What are the principles governing a motion under Rule 21.01?
Prince Edward Island, Canada
The following excerpt is from Martell v. A.G. of Canada et ors., 2015 PESC 23 (CanLII):
As Taylor J. observed in Ayangma v. Prince Edward Island 2005 PESCTD 25 at paras. 63 and 64, the basic principles governing a motion under Rule 21.01(1)(b) are: (1) the facts set out in the Statement of Claim are to be taken as proven; (2) the pleading must be read as generously as possible; and (3) the pleading will not be struck out unless it is plain and obvious that it cannot succeed.
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