What is the test for a motion to strike a claim for damages in negligence?

Alberta, Canada


The following excerpt is from 783783 Alberta Ltd. v. Canada (Attorney General), 2009 ABQB 149 (CanLII):

Certainly “... it is not the allegation of a duty at law that is critical, but the facts alleged supporting such a duty.” Given that pleadings are allegations of fact, where negligence is alleged, as it is here, “... that allegation must be supported by facts capable of sustaining a determination that a duty was owed, that an act or omission occurred breaching that duty, and that damages resulted. On a motion to strike it is the allegations of fact that must be examined to determine whether a cause of action exists.”: Tottrup v. Alberta (Minister of Environmental Protection), 2000 ABCA 121 at paras. 10-11, 255 A.R. 204.

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