What is the test for striking out a statement of claim under Rule 19(24)(a)?
British Columbia, Canada
The following excerpt is from Bruno v. Canada, 2000 BCSC 190 (CanLII):
The defendants agree that, on an application to strike out a statement of claim under Rule 19(24)(a), the court must accept (deemed to be proven) as fact the allegations in the plaintiffs' pleadings, Operation Dismantle v. The Queen et al, 1985 CanLII 74 (SCC), [1985] 1 S.C.R. 441.
Once the assertions that can be found in the pleadings are accepted, the court then must ask itself: is it "plain and obvious" that the statement of claim discloses no reasonable cause of action: Hunt v. Carey Can. Inc. (1990), 1990 CanLII 90 (SCC), 49 B.C.L.R. (2d) 273 (S.C.C.). A plaintiff is not to be driven by chance from the judgment seat but, if there is no chance, that is the end of it.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Does a bank have the authority to strike out certain parts of its statement of claim relating to derivative claims? (British Columbia, Canada)
What is the test for striking out a plaintiff’s statement of claim? (British Columbia, Canada)
Can a party plead inconsistent claims in the statement of claim and defence to a counterclaim? (British Columbia, Canada)
What is the basis for a claim for breach of contract where the applicant does not use the word "honestness" in his statement of claim? (British Columbia, Canada)
What is the test for striking out a statement of claim and action? (British Columbia, Canada)
Does a wilfully false statement in a motor vehicle accident claim constitute material material to another claim? (British Columbia, Canada)
In what circumstances will defence counsel be allowed to strike out a statement of claim? (British Columbia, Canada)
What is the test for a claim for breach of contract arising out of a statement in a property disclosure statement? (British Columbia, Canada)
What is the test to strike a statement of claim under Rule 9-5? (British Columbia, Canada)
