Friday, March 8, 2013

A Superior Court has the inherent power to dismiss an action when the claim does not disclose a reasonable cause of action

Cavanaugh v. Grenville Christian College, 2013 ONCA 139 holds, somewhat surprisingly, that a Superior Court judge has the power to dismiss a claim for failure to disclose a cause of action even absent a formal motion to dismiss:

[19]       A Superior Court has the inherent power to dismiss an action when the claim does not disclose a reasonable cause of action: see Hunt v. Carey Canada Inc., [1990] 2 S.C.R. 959, at p. 968.  That power is most commonly exercised on a motion brought under Rule 21.01(1)(b) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, to strike a pleading on the basis that it does not disclose a reasonable cause of action.  The Diocese could have brought a motion under Rule 21.01(1)(b) and joined that motion with the appellants’ motion for certification.  Had the Diocese followed that procedure, the motion judge would clearly have had the power to dismiss the action against the Diocese under Rule 21.01(1)(b).  Any appeal from that order would have been to this court pursuant to s. 6(1)(b) of the CJA
[34]       As indicated above, at para. 19, the motion judge had jurisdiction to dismiss the claim for failure to disclose a cause of action even absent a formal motion to dismiss.  Clearly, however, it would have been better had the Diocese brought a formal motion to dismiss under Rule 21.01(1)(b).  It would also have been better had the judge managing the proceedings required the Diocese to bring that motion upon being advised that the Diocese would take the position that the claim did not plead a proper cause of action against the Diocese.  A helpful example of the proper procedure is found in Drady.  The defendants, who contended that the claim did not reveal a cause of action, with the permission of the case management judge, brought a Rule 21.01(1)(b) motion to be heard immediately before the certification motion by the same judge who was to hear the certification motion: see also Kang v. Sun Life Assurance Company of Canada, 2013 ONCA 118, at paras. 25-27, aff’g 2011 ONSC 6335, 4 C.C.L.I. (5th) 86.   


Anonymous said...
This comment has been removed by a blog administrator.
Anonymous said...

hеy there and thank yοu for your info – I've definitely picked up anything new from right here. I did however expertise some technical issues using this web site, since I experienced to reload the web site many times previous to I could get it to load properly. I had been wondering if your web hosting is OK? Not that I am complaining, but sluggish loading instances times will often affect your placement in google and can damage your high quality score if advertising and marketing with Adwords. Well I am adding this RSS to my email and could look out for a lot more of your respective interesting content. Make sure you update this again soon. internet site
Also see my web page :: internet site

Anonymous said...

We аre а gaggle of volunteers anԁ opening a bгand new scheme in ouг соmmunity.
Your web ѕіte offerеԁ us ωith
helpful informatiοn to wогκ οn.
Yоu've done an impressive task and our entire neighborhood can be thankful to you. More about the author

Anonymous said...

Hello, I think your website might be having browser compatibility issues.
When I look at your blog site in Firefox, it looks fine but when opening in Internet Explorer, it has some overlapping.
I just wanted to give you a quick heads up!
Other then that, wonderful blog!

my blog post :: raspberry ketones reviews

Anonymous said...

Hello, this weekend is fastidious in support of me, since this time i am reading this great educational
paragraph here at my home.

Here is my page; Best Male Enhancement

Anonymous said...

Good day very nice site!! Guy .. Beautiful .. Amazing .
. I'll bookmark your blog and take the feeds also? I am glad to find a lot of helpful information right here within the publish, we need work out extra strategies in this regard, thank you for sharing. . . . . .

Take a look at my web page: Raspberry ketone Plus Reviews

Anonymous said...

I am in fact thankful to the owner of this web site who has shared this wonderful post at here.

my web page: Ultra Slim Patch Safe

Anonymous said...

What's up to every single one, it's in fact a fastidious for me to pay a visit this web
site, it includes precious Information.

My web site; Max Thermo Burn Review

Anonymous said...

Men and women who liked it also mentioned that they had to place in some physical exercising and a manage
over diet to drop fat from the abdomen.

Look at my web blog :: Marsvenusatwork.Com

Anonymous said...

After looking into a number of the blog posts on your site, I truly appreciate your way of writing a
blog. I added it to my bookmark webpage list and will be checking back
soon. Please visit my web site too and tell me how
you feel.

My site ... Natural CLeanse Review

Anonymous said...

Prix fix menus for lunch are: $15, $20 or $25 and dinner: $25, $35 and $45.

Young adults of a patriotic bent who prefer a more vibrant and colorful style may instead prefer
the Peace Eagle Basic Hoody, a grey hoody, which features an intricate design on the
back that includes the Star - Spangled Banner, wolves, a bulldog and the
Ed Hardy logo. He handed her the clothing from the dead man, shrugged his
shoulders and returned to the body.

Here is my homepage; dragon city Cheat engine 6.2 codes gems