Secondly, and more significantly, the motion judge appears to have overlooked the fact that “evidence” is not admissible on a rule 21.01(1)(b) motion to strike a claim as disclosing no reasonable cause of action: rule 21.01(2)(b). As noted above, the facts as alleged in a statement of claim must be taken as true unless they are patently ridiculous or incapable of proof (neither of which is the case here) and the pleading is to be read as generously as possible with a view to accommodating any inadequacies in the allegations due to drafting difficulties: Hunt v. Carey.
"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.