On a motion to dismiss a claim for failure to disclose a cause of action, is the statement of defence sufficient to accommodate drafting deficiencies?
Ontario, Canada
The following excerpt is from NAN Corporate Services v Kocsis, 2015 ONSC 6651 (CanLII):
On a motion to dismiss a claim for failure to disclose a cause of action, the statement of claim must be read generously to accommodate drafting deficiencies. If the claim has some chance of succeeding, it must be allowed to proceed: Doe v. Metropolitan Toronto (Municipality) (Commissioners of Police) (1990), 74 O.R. (3d) 778 (Div. Ct.). Motion to Strike Portions of the Statement of Defence
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