What is the test for a motion to strike a statement of claim?
Ontario, Canada
The following excerpt is from WP (33 Sheppard) Gourmet Express Restaurant Corp. v. WP Canada Bistro & Express Co. Inc., 2010 ONSC 2644 (CanLII):
The plaintiff must plead all the material facts necessary to establish a cause of action which is legally complete. If any material fact is omitted, the statement of claim is bad and the remedy is a motion to strike the pleadings, not a motion for particulars. Balanyk v. University of Toronto (1998), 1 C.P.R. (4th) 301 at p. 319.
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