Can a pleading be struck out if it fails to disclose a known cause of action?
Ontario, Canada
The following excerpt is from In Defence of Our Constitutional Rights v. Law Society of Upper Canada, 2009 CanLII 45845 (ON SC):
Under Rule 21, which is the rule relied on by all the defendants, the case law establishes that a pleading should not be struck out unless it is plain and obvious that it discloses no cause of action: Hunt v. Carey, 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959 at paras. 33, 54. It is plain and obvious to me that the statement of claim does not show a known cause of action against the defendants who have been sued.
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