Can a pleading or portion thereof be struck out?
Ontario, Canada
The following excerpt is from Stern v. Imasco Ltd., 1999 CanLII 14934 (ON SC):
A pleading or portion thereof can be struck out where, notwithstanding that the alleged facts asserted in the statement of claim can be proved, if it is “plain and obvious” the claim does not disclose any reasonable cause of action. Hunt v. T & N plc (1990), 1990 CanLII 90 (SCC), 43 C.P.C. (2d) 105 (S.C.C.) at 125-26.
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