Is a plaintiff's claim completely devoid of merit and/or a cause of action?
Ontario, Canada
The following excerpt is from Pouget v. Hynes, 2008 CanLII 5977 (ON SC):
As an extension to this authority, as confirmed by Justice Borins in Reynolds v. Smith C.A. 45999, the question to be asked is the plaintiff’s claim completely devoid of merit and/or a cause of action, and is this plain and obvious?
"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
Can a plaintiff avoid security for costs by proving that a claim is not plainly devoid of merit? (Ontario, Canada)
What is the test for dismissing an action as prescribed on the basis that the cause of action had accrued more than 6 years before the Statement of Claim was issued? (Ontario, Canada)
What is the test for striking a claim or portion of a claim that discloses no reasonable cause of action? (Ontario, Canada)
Does a motion to amend a statement of claim to assert a new ground of relief arising out of the same facts in a dental malpractice action constitute pleading a new cause of action? (Ontario, Canada)
Can a plaintiff amend its Statement of Claim against Gowlings to allege a new cause of action after the expiry of the limitation period? (Ontario, Canada)
Is a plaintiff required to produce evidence on each element of the cause of action? (Ontario, Canada)
Is the certification stage of a class action a test of the merits of the action? (Ontario, Canada)
In a medical malpractice action, can provincial insurers who have subrogated claims be included in the claim? (Ontario, Canada)
Can a statement of claim be struck where there is no reasonable cause of action? (Ontario, Canada)
Does a motion to dismiss a statement of claim against a defendant in a marriage that was not a good faith marriage constitute a cause of action? (Ontario, Canada)
