What is the test on a motion to strike a pleading under Rule 9-5(1)(a)?

British Columbia, Canada


The following excerpt is from Sabihi v. Dr. Mansur Roy Inc., 2013 BCSC 1571 (CanLII):

The test on a motion to strike pleadings under Rule 9-5(1)(a) as disclosing no reasonable claim is that it must be plain and obvious, assuming the facts pleaded to be true, that the pleading discloses no reasonable cause of action. Put differently, the claim has no reasonable prospect of success. Where there is a reasonable prospect of success, the matter should proceed to trial: Buchan v. Rome, 2011 BCSC 1206 at para. 29.

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