What is the test for striking out a statement of claim as against the partners?
Ontario, Canada
The following excerpt is from General electric capital Canada Inc. v. Deloitte & Touche LLP, 2002 CanLII 30158 (ON SC):
The issue the partners raise in this motion to strike out the statement of claim as against them is whether the pleading discloses a cause of action against them. To express the issue in accordance with the test set out in Hunt v. Carey, [1990] 2 S.C.R., the question that must be answered is whether it is plain and obvious that the claim discloses no cause of action and that the action against the partners is sure to fail. Analysis
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