What is the test for striking a motion in a personal injury case?
Ontario, Canada
The following excerpt is from Chrapka v. Dojnikowski, 2007 CanLII 37676 (ON SC):
Assuming that the facts pleaded are proven, then it must be plain and obvious that the claim discloses no reasonable cause of action before it will be struck. As has often been quoted as the law “if there is a chance that the plaintiff might succeed, then the plaintiff should not be “driven from the judgment seat”. Hunt v. T & N, supra.
"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.
Other Questions
How have the courts in Canada dealt with the issue of personal injury cases involving personal injury claims? (Ontario, Canada)
What is the current state of the law on personal injury representation in personal injury cases? (Ontario, Canada)
What is the legal test for disbursements of personal injury compensation in personal injury cases? (Ontario, Canada)
Is a judge's decision not to strike down a motion in favour of a plaintiff in a personal injury case? (Ontario, Canada)
Is a motion to add as parties to a personal injury action for personal injury costs granted? (Ontario, Canada)
What is the test for a motion of no confidence in a motion by a judge in a personal injury case? (Ontario, Canada)
What are the costs of a motion to certify a motion for personal injury? (Ontario, Canada)
What is the test for striking out the jury in a personal injury case? (Ontario, Canada)
What personal details have been disclosed in a personal injury case? (Ontario, Canada)
What is the test for a motions judge to dismiss a motion for personal injury? (Ontario, Canada)
