On a motion to strike out a pleading, can the court strike out the pleading?
Ontario, Canada
The following excerpt is from Edwards v. Rebound Resources Inc., 2008 CanLII 41168 (ON SC):
Also, on a motion to strike out a pleading, the court should not “dispose of matters of law that are not fully settled in the jurisprudence”: see Nash v. Ontario, ibid. I take this to mean that a novel action should not be dismissed on that basis alone.
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