Lomas v. Rio Algom Limited, 2010 ONCA 175, just released, deals in the main with an important issue in pension law. This note, however, focusses on the useful summary the case gives of Rule 21 motions to strike:
THE LEGAL PRINCIPLES GOVERNING A MOTION TO STRIKE
[25] The motion to strike a pleading was brought under rules 21.01(1)(b) and 25.11 of the Rules of Civil Procedure. There is no dispute about the applicable legal principles. A claim should be struck if it is plain and obvious that it cannot succeed. Neither the length and complexity of the issues nor the novelty of the cause of action should prevent the plaintiff from proceeding to trial. Important issues of law are normally decided on a full factual record, which allows the trial judge to make findings that form the basis for the legal analysis and conclusions.
James Morton
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