What is the test for a motion to strike a Statement of Claim?

Ontario, Canada


The following excerpt is from PP v DD, 2016 ONSC 258 (CanLII):

However, while the normal rule on a motion to strike a Statement of Claim is that any doubt is to be resolved in favour of finding the existence of the cause of action and permitting the action to proceed, given the overriding importance of ensuring that litigation involving children is in the best interests of the children, the court, in a particular case, may impose a more stringent standard before it allows the action to be brought: Frame v. Smith, 1987 CanLII 74 (SCC), [1987] 2 S.C.R. 99 at para. 36. I shall apply that stricter standard in the case at bar.

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