Can a defence be struck if the facts are proven as proven?
Ontario, Canada
The following excerpt is from Portuguese Canadian Credit Union Limited et al v. Humberto Carvalho et al, 2015 ONSC 202 (CanLII):
A defence can be struck if it is plain and obvious that taking the facts pleaded as proven the pleading discloses no defence. See Hunt v. T & N plc, 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959.
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