What is the test for an application to strike a proceeding on the basis that it does not disclose a cause of action?
Alberta, Canada
The following excerpt is from Hughes (Estate) v. Brady, 2007 ABCA 277 (CanLII):
An application to strike a proceeding on the basis that it does not disclose a cause of action assumes that the facts as pleaded are true. In order to strike the pleading it must be demonstrated that it is plain and obvious that the statement of claim discloses no reasonable cause of action: Hunt v. T & N, P.L.C., 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959. The novelty of the claim is not a reason to strike it. Undue Influence
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