What is the "plain and obvious" standard for a motion to strike third party claims as disclosing no cause of action?
Ontario, Canada
The following excerpt is from Paquette v. Desrochers, 2001 CanLII 8617 (ON CA):
This appeal began as a Rule 21 motion to strike the third party claims as disclosing no cause of action. The test is thus the “plain and obvious” standard set out in Hunt v. Carey Canada, which makes clear that this test properly extends to difficult and novel points of law in order to permit the evolution of the common law.
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