Can a novel claim under rule 21 be dismissed?
Ontario, Canada
The following excerpt is from McGrath v. Cougs Investments Ltd., 2003 CanLII 49318 (ON SC):
A claim can be dismissed under rule 21 even if novel, only if it is plain and obvious that it cannot succeed in law: Hunt v. Carey, 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959 (S.C.C.).
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