Is a novel claim struck at the pleadings stage?
British Columbia, Canada
The following excerpt is from Stoneman v. Denman Island Local Trust Committee, 2010 BCSC 636 (CanLII):
The modern view is that novel claims should not be struck at the pleadings stage: see Mohl v. University of British Columbia 2006 BCCA 70 at para. 40.
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