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
The following excerpt is from Bosca v. Royal Canadian Mounted Police, 2002 CanLII 5065 (ON SC):
I will deal firstly with the two motions to strike the statement of claim as disclosing no reasonable cause of action pursuant to Rule 21(1)b. For the purposes of these motions, I am to treat the allegations in the statement of claim as true and read the pleading generously with allowances for inadequacies due to drafting deficiencies. The applicable test on such a Rule 21(1)b motion is found in Hunt v. Carey 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959. Is it plain and obvious that the statement of claim discloses no reasonable cause of action?
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