Is it plain and obvious that a statement of claim discloses no reasonable cause of action?

British Columbia, Canada


The following excerpt is from Bruno v. Canada, 2000 BCSC 190 (CanLII):

Once the assertions that can be found in the pleadings are accepted, the court then must ask itself: is it "plain and obvious" that the statement of claim discloses no reasonable cause of action: Hunt v. Carey Can. Inc. (1990), 1990 CanLII 90 (SCC), 49 B.C.L.R. (2d) 273 (S.C.C.). A plaintiff is not to be driven by chance from the judgment seat but, if there is no chance, that is the end of it.

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