Can a motion to strike out a pleading be struck out on the grounds that it does not disclose a reasonable cause of action or defence?
New Brunswick, Canada
The following excerpt is from Shannon v. Canadian Medical Protective Association, 2006 NBQB 274 (CanLII):
[10] Rule 23.01(1)(b) allows for a motion to strike out a pleading on the ground that it does not disclose a reasonable cause of action or defence. When the moving party is the defendant, the question to be answered by the court is the following: Assuming the facts as stated are true, is it “plain and obvious” that the Statement of Claim discloses no reasonable cause of action? See Hunt v. T & N plc et al., 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959; 117 N.R. 321, at para. 33.
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