What is the test for striking part of a pleading in a tort action?
British Columbia, Canada
The following excerpt is from Owners, Strata Plan LMS 3851 v. Homer Street Development Limited Partnership, 2011 BCSC 569 (CanLII):
In Hunt v. T & N, P.L.C., 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959 (S.C.C.) at para. 52, Wilson J. held: The fact that a pleading reveals "an arguable, difficult or important point of law" cannot justify striking out part of the statement of claim. Indeed, I would go so far as to suggest that where a statement of claim reveals a difficult and important point of law, it may well be critical that the action be allowed to proceed. Only in this way can we be sure that the common law in general, and the law of torts in particular, will continue to evolve to meet the legal challenges that arise in our modern industrial society.
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