What is the test for a motion to strike a statement of claim under Rule 21.01?
Ontario, Canada
The following excerpt is from Tewari v. Sekhorn, 2022 ONSC 417 (CanLII):
There is no issue on a motion to strike a statement of claim under Rule 21.01 that the court must assess whether it is plain and obvious whether the statement of claim discloses no reasonable cause of action in law: see Tran v. University of Western Ontario, 2015 ONCA 295, at para. 16.
It is further beyond doubt that the court must accept the allegations in the statement of claim as being true unless they are patently ridiculous or incapable of proof: see Paton Estate v. Ontario Lottery and Gaming Corporation, 2016 ONCA 458, at para. 12.
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