What is the test for a motion to strike a pleading?
Newfoundland and Labrador, Canada
The following excerpt is from Jane Doe (#7) v. Her Majesty in Right of Newfoundland and Labrador, 2019 NLSC 170 (CanLII):
With respect to the requirement that the pleadings disclose a cause of action, this criterion is subject to the same low threshold that governs an application to strike a pleading. As noted by Hoegg, J.A. in Thorne v. College of the North Atlantic, 2018 NLCA 33, at paragraph 58, the question to be answered is whether it is plain and obvious that a claim cannot succeed.
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