The Court of Appeal set out the principles applicable to a motion to strike in McCreight v. Canada (Attorney General), 2013 ONCA 483 at para. 39: - In the interests of efficiency and correct results, there is a need to weed out hopeless claims – this housekeeping dimension underlies rule 21. - If the cause of action pleaded has been recognized, all of its essential elements must be pleaded. - If the cause of action has not been recognized, this is not necessarily fatal. One must ask whether there is a reasonable prospect that the claim will succeed. - The claim should not be struck merely because it is novel. - Unless manifestly incapable of being proven, the facts pleaded are accepted as being true for the purposes of the motion. - The pleading forms the basis of the motion; possible future facts that have not been pleaded may not supplement the pleading. - No evidence is admissible on such a motion. - The pleading must be read generously in favour of the plaintiff, with allowances for drafting deficiencies. - A motion to strike should not be confused with a summary judgment motion which has a different test, a different purpose, and different rules relating to evidence.
While the court must accept as true the material facts as pleaded, this obligation does not extend to bald conclusory statements of fact, unsupported by material facts: Trillium Power Wind Corporation v. Ontario (Natural Resources), 2013 ONCA 683 at para. 31.
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