What is the test for striking a motion to strike?
Ontario, Canada
The following excerpt is from Furfari v.Pedias, 2019 ONSC 4278 (CanLII):
On a motion to strike, the facts pleaded are to be taken as true, unless they are patently ridiculous or incapable of proof: Frank v. Legate, 2015 ONCA 631, at para. 36. Accordingly, the facts set out below are based on the facts pleaded in the claim.
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