One question relevant to the scope of rule 19.06 is whether it is enough for the purposes of the rule for a claim to cross the low threshold established by the “plain and obvious test” required to disclose a “reasonable” cause of action, or whether the test for determining whether the facts pleaded entitle the plaintiff to judgment is more stringent. In Luciano v. Spadafora, [2004] O.J. No. 4311 (S.C.J.), Wilton-Siegel J. doubted whether it was even necessary for the pleading to disclose a cause of action - an issue he suggested might properly be left to a defendant's motion to set aside the judgment. The learned judge held that, in any event: ... insofar as rule 19.06 is available to the defendant, it must be the case that the rule can only be invoked if it is absolutely clear to the court that the plaintiff had no viable cause of action against the defendant. (para 4)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.