What is the test under Rule 21.01(1)(b) for striking out a pleading?
Ontario, Canada
The following excerpt is from Gottlieb v. Stikeman Elliott LLP, 2007 CanLII 49871 (ON SC):
The test under Rule 21.01(1)(b) is well established: a pleading must be struck out and an action dismissed where it is “plain and obvious” that the action cannot succeed even if the facts alleged in the statement of claim were proven. See: Hunt v. Carey, supra.
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