What is the test for a plaintiff to bring a cause of action?
Ontario, Canada
The following excerpt is from Dyce v. Ontario, 2007 CanLII 20098 (ON SC):
With the exception of the paragraphs I have earlier referred to in the two statements of claim, the plaintiff's various allegations regarding conduct would not give rise to a cause of action even if they were true. The remainder of his claims relate to allegations of conduct and are in my view fatally defective. Even if I were to assume all of the facts pleaded in the two statements of claim could be proven, it is plain and obvious to me that these claims could not succeed. (Hunt v. Carey, 1990 CanLII 90 (SCC), [1990] S.C.J. No. 93.)
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