Can a statement of claim be struck out under Rule 419(1)(a) of the Rules of Civil Procedure?
Canada (Federal), Canada
The following excerpt is from Desbiens v. Canada (Minister of National Revenue), 1998 CanLII 7226 (FC):
Rule 419(2) of the Rules provides that no evidence is admissible on an motion under Rule 419(1)(a). Furthermore, it has been established since Attorney General of Canada v. Inuit Tapirisat, 1980 CanLII 21 (SCC), [1980] 2 S.C.R. 735, that a statement of claim cannot be struck out unless it is plain and obvious that it discloses no reasonable cause of action.
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