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.
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