Is a cause of action disclosed in a Statement of Claim?
Alberta, Canada
The following excerpt is from Nette v. Stiles, 2010 ABQB 14 (CanLII):
The parties agree that the principles which apply to determine whether there was a cause of action disclosed are identical to the principles which apply on an application to strike out a Statement of Claim for failure to disclose a cause of action, that is, is it plain and obvious that the Statement of Claim discloses no cause of action?: Tottrup v. Alberta (Minister of Environmental Protection), 2000 ABCA 121.
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