Does a party have a heavy burden on striking out a statement of claim?
Alberta, Canada
The following excerpt is from Mystar Holdings Ltd. v. 247037 Alberta Ltd, 2009 ABQB 480 (CanLII):
The Respondent submits that a party moving to have pleadings stuck under Rule 129 bears a heavy burden, and that the claim advanced must "be hopeless to be struck out"; see Roasting v. Lee (1998), 222 A.R. 234 (M.C.). Roasting dealt with an application to strike a statement of claim as disclosing no cause of action under Rule 129(1)(a).
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