What is the legal test for striking a ball from the first ground?
British Columbia, Canada
The following excerpt is from Fox v Scott Safety Supply Services Inc., 2021 BCSC 842 (CanLII):
With respect to the first ground, Rule 9-5(1)(a), the test is a stringent one: only if the action, taken as pleaded, is certain to fail should it be struck: Young v. Borzoni et al., 2007 BCCA 16 at para. 19.
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