When will a defendant's application under Rule 19(24)(a) be struck out?
British Columbia, Canada
The following excerpt is from Trociuk v. HMTQ, 2008 BCSC 1597 (CanLII):
When considering the defendant’s application under Rule 19(24)(a), the law requires me to assume that the facts alleged in the Statement of Claim can be proven. In other words, the Statement of Claim cannot be struck out on the basis that the evidence is not sufficiently strong to prove the case. It can only be struck out if no cause of action exists, even if the plaintiff can prove all that he alleges: Odhavji Estate v. Woodhouse, 2003 SCC 69, [2003] 3 S.C.R. 263.
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