Can a pleading be struck out for disclosing no reasonable claim?

British Columbia, Canada


The following excerpt is from Cambridge Plumbing Systems Ltd. v. Vancouver (City of), 2002 BCSC 530 (CanLII):

The test to be applied in determining whether a pleading must be struck out for disclosing no reasonable claim is to consider, assuming the facts proved as stated in the statement of claim, whether it is plain and obvious that the plaintiff’s statement of claim discloses no reasonable cause of action. If there is a chance that the plaintiff might succeed, then the plaintiff should be allowed to proceed to have the action tried. Neither the length and complexity of the issues, the novelty of the cause of action, nor the potential for the defendant to present a strong defence, should prevent the plaintiff from proceeding with the case. Only if the action is certain to fail because it contains a radical defect should the plaintiff’s claim be struck out for disclosing no reasonable claim – Hunt v. Carey Can. Inc. (1990), 1990 CanLII 90 (SCC), 49 B.C.L.R. (2d), 273 (S.C.C.).

Other Questions


What are the reasons given to Justice Wilson's decision that the pleadings failed to disclose any reasonable claim? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
In what circumstances will a statement of claim be struck as disclosing no reasonable cause of action? (British Columbia, Canada)
Can a party plead inconsistent claims in the statement of claim and defence to a counterclaim? (British Columbia, Canada)
Can a pleading be struck out on the grounds that it discloses no cause of action? (British Columbia, Canada)
What is the test for disclosing no reasonable claim or abuse of process? (British Columbia, Canada)
Can I.B.C. plead to the claim for no-fault benefits and agree that the claim should be adjourned when the issue of liability commenced? (British Columbia, Canada)
What is the range of reasonableness for using the term “reasonable” in a claim? (British Columbia, Canada)
Can an application to strike be struck as disclosing no reasonable cause of action? (British Columbia, Canada)
Can a plaintiff in a vexatious claim against the Attorney General of Canada be struck from their pleadings? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.