The Court of Appeal summarized the applicable principles on a rule 21.01(1)(b) motion in the case of McCreight v. Canada (Attorney-General) 2013 ONCA 483 at paras. 39-40, as follows: a) the claim will only be struck if it is plain and obvious, assuming the facts pleaded to be true, that the pleading discloses no reasonable cause of action; b) there is a need, in the interest of efficiency and correct results, to weed out hopeless claims - a housekeeping dimension which underlies rule 21; c) if the cause of action pleaded has been recognized, all of its essential elements must be pleaded; d) if the cause of action has not been recognized, this is not necessarily fatal but there must be a reasonable prospect that the claim will succeed; e) a claim should not be struck merely because it is novel; f) the facts pleaded are accepted as being true for the purposes of the motion, unless they are manifestly incapable of being proven; g) the pleading forms the basis of the motion, and accordingly, possible future facts that have not been pleaded may not supplement the pleading; h) the pleading must be read generously in favour of the plaintiff, with allowances for drafting deficiencies; and i) a motion to strike should not be confused with a summary judgment motion which has a different test, a different purpose, and different rules relating to evidence.
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