What is the test for a motion to strike for failure to disclose a reasonable cause of action?

Nova Scotia, Canada


The following excerpt is from MacDonald v. Deutsche Bank AG, 2016 NSSC 284 (CanLII):

In undertaking the inquiry the court proceeds on the basis that the facts pleaded are true. Therefore the facts referred to above, from the statement of claim, are taken to be true. The test was set out in Knight v. Imperial Tobacco Canada Ltd., 2011 SCC 42, where McLachlin C.J.C. said at paragraph 22: A motion to strike for failure to disclose a reasonable cause of action proceeds on the basis that the facts pleaded are true, unless they are manifestly incapable of being proven… She continued in paragraph 25: …The question is whether, considered in the context of the law and the litigation process, the claim has no reasonable chance of succeeding.

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