What is the test on a Rule 21.01(1)(b) motion to strike?
Ontario, Canada
The following excerpt is from City of Hamilton v. Primary Response Inc., 2021 ONSC 1706 (CanLII):
The test on a Rule 21.01(1)(b) motion to strike is well known. The motion to strike can only succeed where it is plain and obvious that the statement of claim discloses no reasonable cause of action. It is clear from the case law that all essential elements of a cause of action must be pleaded and that pleading must be read generously with allowances for drafting deficiencies: see Tran v. University of Western Ontario, 2015 ONCA 295, at para. 16.
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