What constitutes a radical defect in a plaintiff's cause of action?
Ontario, Canada
The following excerpt is from Hamilton Health Sciences Corporation v. Resource Environmental Associates Limited, 2012 ONSC 637 (CanLII):
A radical defect would be the absence of a necessary element of a recognized cause of action. This is a lacking that will not be remedied by allegations based on assumptions and speculation. Ref. Deep v. Ontario [2004] O.J. No. 2734 (S.C.J. affirmed [2005] O.J. No. 1294 (O.C.A.). RULE 26 AMENDMENTS OF PLEADINGS
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