Does paragraph 9 of the Statement of Claim need to be struck out?
Canada (Federal), Canada
The following excerpt is from Morin v. Canada, 2000 CanLII 15077 (FC):
Consideration as to whether paragraph 9 of the statement of claim ought to be struck out should be in the context of the whole of the statement of claim. Moreover, the statement of claim must be read with "a generous eye and should only ©be struckª if it is plain and obvious that the pleading must fail at trial" (see Martel v. Samson Band 11).
In Cardinal v. Alberta (Attorney General)12, Martland J., speaking for the majority, discussed the application of provincial statutes to Indians and Indian Reserves:
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