What is the test for striking out pleading?
Saskatchewan, Canada
The following excerpt is from National Manufacturing Co. Ltd. v. Hounget, 1922 CanLII 121 (SK QB):
A pleading should not be struck out as disclosing no reasonable cause of action or defence except in plain and obvious cases and where the matter is beyond doubt. [1922] Annual Practice, p. 410; Moore v. Lawson, 31 T.L.R. 418.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for pleading in a criminal pleading? (Saskatchewan, Canada)
Is there a difference in the statute of limitations between an accused who has pleaded guilty and those who have pleaded not guilty? (Saskatchewan, Canada)
What is the standard of pleading in pleading? (Saskatchewan, Canada)
How to proceed with an application to strike for want of prosecution? (Saskatchewan, Canada)
Can a defendant plead to an amendment to the Rules of Civil Procedure? (Saskatchewan, Canada)
What is the appropriate sentence for a defendant who has pleaded guilty to a charge of perverting the course of justice? (Saskatchewan, Canada)
What documents are properly to be considered on an application to strike out a statement of claim on the grounds that it discloses no reasonable cause of action? (Saskatchewan, Canada)
In what circumstances will a court allow an amendment to a pleading? (Saskatchewan, Canada)
Does the Minister of Health and Social Care have any basis to strike the Statement of Claim in the context of bad faith allegations in paragraph 5 and the rule in Rylands v Fletcher? (Saskatchewan, Canada)
What is the test for striking part of a plaintiff’s statement of claim? (Saskatchewan, Canada)
