What is the test to determine that a Statement of Claim discloses no reasonable cause of action?
British Columbia, Canada
The following excerpt is from Pimentel v. British Columbia, 1998 CanLII 6123 (BC SC):
19. The test to be applied is whether it is plain or obvious that the Statement of Claim discloses no reasonable cause of action. Guidelines to determining what is "plain and obvious" include whether: a)there is a question fit to be tried regardless of complexity or novelty; b)the outcome of the claim at trial is beyond a reasonable doubt; c)serious questions of law or questions of general importance are raised or if facts should be known before rights are decided; d)pleadings might be amended; and e)there is an element of abuse of process. (Hunt v. T & N, 1990 CanLII 90 (SCC), [1990] 6 W.W.R. 385 (S.C.C.)
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