The applicable test for striking out pleadings was described in Knight v. Imperial Tobacco Canada Ltd., 2011 SCC 42. A motion to strike pleadings proceeds on the basis that the facts pleaded are true. It is incumbent on the claimant to clearly plead the facts which are relied upon. A claimant is not entitled to rely on the possibility that facts may turn up as the case progresses (at para 22). The presumption that the facts pleaded are true operates in the claimant’s favour. The claimant chooses which facts to plead, with a view to the cause of action it is asserting (at para 24). The judge on a motion to strike asks if the claim has any reasonable prospect of success (at para 25).
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