What is the threshold for sustaining a pleading under Rule 21.01?
Ontario, Canada
The following excerpt is from Mahmood Wali Mahmad v. Ottawa Police Services Board et al., 2017 ONSC 6276 (CanLII):
In Thode v. University of Ottawa, [2012] O.J. No. 6080, McNamara J. determined that the threshold for sustaining a pleading is not a high one. Accordingly, “[m]otions under rule 21.01 will only succeed where it is plain and obvious, assuming the facts plead to be true, that the pleading discloses no reasonable cause of action. The approach must be generous and err on the side of permitting a novel but arguable claim to proceed.”
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