What is the test for striking a pleading?

Ontario, Canada


The following excerpt is from Metzler Investment GMBH v. Gildan Activewear Inc., 2009 CanLII 74223 (ON SC):

The test for determining whether a pleading should be struck is whether, assuming the facts in the statement of claim can be proved, it is “plain and obvious” that no reasonable cause of action is disclosed. This test was enunciated in Hunt v. Carey, 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959 where, at 980, Wilson J. stated as follows: …if there is a chance that the plaintiff might succeed, then the plaintiff should not be ‘driven from the judgment seat.’ Neither the length and complexity of the issues, the novelty of the cause of action, nor the potential for the defendant to present a strong defence should prevent the plaintiff from proceeding with his or her case. Only if the action is certain to fail because it contains a radical defect … should the relevant portions of a plaintiff’s statement of claim be struck out.

Other Questions


On a motion to strike out a pleading, can the court strike out the pleading? (Ontario, Canada)
Can a pleading containing claims of misrepresentation be pleaded more particularity than other pleadings? (Ontario, Canada)
What are the relevant factors for a motion to strike out one of the pleadings? (Ontario, Canada)
Can Rule 51.06 apply to a motion to strike a pleading? (Ontario, Canada)
What is the test for striking pleadings? (Ontario, Canada)
Is a plaintiff entitled to plead to plead the particulars of misrepresentation in their statement of claim? (Ontario, Canada)
What are the factors that apply when a party seeks to plead to a finding that a party has not followed the 5 factors in its pleading? (Ontario, Canada)
Is striking pleadings and denying trial participation an order of last resort? (Ontario, Canada)
When will a court strike or strike a jury notice? (Ontario, Canada)
What is the test for a motion to amend or strike a pleading? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.