What is the test for a motion to strike out all or a portion of the statement of claim?

The test to be applied on a motion such as this is set out by Himel J. in HVK v. Children’s Aid Society of Haldimand-Norfolk [2003] O.J. No. 1572 (S.C.J.) where he notes at paragraph 14: The test to be applied on a motion to strike out all or a portion of the statement of claim is, assuming that the facts as stated in the statement of claim can be proved, is it “plain and obvious” that the pleading discloses no reasonable cause of action? Only if the action is certain to fail because it contains a radical defect should it be struck out. Neither the length and complexity of the issues, the novelty of the cause of action, nor the potential of a strong defence should prevent the plaintiff from proceeding: