Is a statement of claim for failing to disclose a reasonable cause of action a material fact?

Ontario, Canada


The following excerpt is from Kaissieh v. Done, 2022 ONSC 425 (CanLII):

Bare allegations and conclusory legal statements based on assumption or speculation are not material facts: Das v. George Weston Limited, 2017 ONSC 4129, at para. 17, aff’d 2018 ONCA 1053 (“Das”). (iii) Striking a Statement of Claim for Failing to Disclose a Reasonable Cause of Action Pursuant to r. 21.01(1)(b) of the Rules

Other Questions


What is the test for a motion to strike a statement of claim as disclosing no reasonable cause of action pursuant to Rule 21(1b)? (Ontario, Canada)
Is a pleading in paragraph 52 of the Statement of Claim inadequate to disclose a reasonable cause of action? (Ontario, Canada)
Does a motion to amend a statement of claim to assert a new ground of relief arising out of the same facts in a dental malpractice action constitute pleading a new cause of action? (Ontario, Canada)
What is the test for striking a claim or portion of a claim that discloses no reasonable cause of action? (Ontario, Canada)
What is the test for dismissing an action as prescribed on the basis that the cause of action had accrued more than 6 years before the Statement of Claim was issued? (Ontario, Canada)
What is the test for failing to disclose a reasonable cause of action? (Ontario, Canada)
Is restatement of its financial statements an acknowledgment by the company that it has made material misrepresentations in relation to its audited financial statements valid for a cause of action? (Ontario, Canada)
Can a statement of claim be struck where there is no reasonable cause of action? (Ontario, Canada)
What is the test to strike a statement of claim as disclosing no cause of action? (Ontario, Canada)
On a motion to dismiss a claim for failure to disclose a cause of action, is the statement of defence sufficient to accommodate drafting deficiencies? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.