On a motion to strike under rule 21.01(1)(b), what is the test to apply?
Ontario, Canada
The following excerpt is from Carbone et al. v. Michael DeGroote et al., 2014 ONSC 6146 (CanLII):
On a motion to strike under rule 21.01(1)(b) the test to be applied is whether it is “plain and obvious” that the pleading discloses no reasonable cause of action: Hunt v. Carey, 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959, at para. 22.
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