Can a statement of claim be struck out in negligence?
Manitoba, Canada
The following excerpt is from Dueck v. Correctional Service of Canada et al., 2007 MBCA 144 (CanLII):
4 On the second issue, both the master and the motions judge commented on how badly drafted the statement of claim was. We agree. However, we also agree with the motions judge that it satisfies the requirements for a cause of action in negligence, if just barely. On this type of motion, a statement of claim can only be struck out if the outcome of the case is “plain and obvious” or “beyond doubt.” See Dumont v. Canada (Attorney General), 1990 CanLII 131 (SCC), [1990] 1 S.C.R. 279. It is not “beyond doubt” here that the statement of claim discloses no reasonable cause of action.
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