What is the test for striking a personal injury claim?

Ontario, Canada


The following excerpt is from Mernick Construction Co. Limited v. Royal Bank of Canada, 2009 CanLII 2916 (ON SC):

To determine whether the claim should be struck, the court first assumes that the plaintiff’s allegations are true and then considers whether it is “plain and obvious” the plaintiff’s Statement of Claim discloses no reasonable cause of action. It is enough for the plaintiff to show that it has some chance of success (see Hunt v. Carey 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959).

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