What is the test for striking a claim?
British Columbia, Canada
The following excerpt is from Marshall v Gain Auto Group, 2021 BCSC 125 (CanLII):
A claim will be struck if it is plain and obvious, assuming the facts pleaded to be true, that the pleading discloses no reasonable cause of action: Knight v. Imperial Tobacco Canada Ltd., 2011 SCC 42 at para. 17. The court must read the plaintiff’s pleadings as generously towards the plaintiffs as possible: Knight at para. 17.
Rule 9-5 is an attack on pleadings on the basis that the claim as pleaded or as it may reasonably be amended cannot succeed as a matter of law. In assessing an application under Rule 9-5 the court is confined to a consideration of the pleading. Evidence is not to be considered: Drummond v. Moore, 2012 BCSC 496 at paras. 16-23.
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