What is the test for a motion of no cause of action?
Ontario, Canada
The following excerpt is from 1522491 Ontario Inc. v. Stewart, Esten Professional Corporation, 2008 CanLII 63198 (ON SC):
While both parties and especially the plaintiff have been generous in their offering of “facts” to the court, the only issue in a motion of this nature is whether it is plain and obvious that the pleadings disclose no cause of action, and that the claim therefore has no chance of success. See Hunt v. Carey 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959.
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