Is striking out a claim in common law?

Ontario, Canada


The following excerpt is from Lee v. Magna International Inc. et al., 2020 ONSC 3912 (CanLII):

Striking out a claim is not necessarily justified in the case of a novel or difficult point of law. The underlying policy rationale for this approach is “to be sure that the common law in general, and the law of torts, will continue to evolve to meet the legal challenges that arise in our modern industrial society.” Hunt v. Carey at p. 980 and pp. 990-991.

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