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.).
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