What is the "plain and obvious" test for striking out an application under Rule 173 of the Rules?
Saskatchewan, Canada
The following excerpt is from Roynat Inc. V. Northland Properties Ltd., 1993 CanLII 8877 (SK QB):
While the "plain and obvious" test outlined in Hunt v. Carey, supra, and embodied in the tests currently employed by the English courts is applicable to applications made under rule 173, in my opinion it is an inadequate tool with which to fully determine when an application to strike out under rule 173(a) is appropriate or when an application under Part 9, 10 or 16 of the Rules would be more appropriate. This lack of adequate criteria often leads to unwarranted applications being launched in which the applicant and the opponent both rely on the same authorities to support arguments for and against striking out a pleading.
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