It is important to consider that the issue, in this application to strike, is whether the absence of jurisdiction is "plain and obvious". I adopt the reasoning of Justice Reed in Hodgson v. Ermineskin Indian Band No. 942, 2000 CanLII 15066 (FC), [2000], F.C.J. No. 313 in which she held: The "plain and obvious" test applies to the striking out of pleadings for lack of jurisdiction in the same manner as it applies to the striking out of any pleading on the ground that it evinces no reasonable cause of action. The lack of jurisdiction must be "plain and obvious" to justify a striking out of pleadings at this preliminary stage".
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