RODD v ALBERTA HEALTH SERVICES, 2015 ABQB 320

LEE J

3.68: Court options to deal with significant deficiencies
13.7: Pleadings: other requirements

Case Summary

The Defendants applied to strike all the claims in the Statement of Claim related to negligence and breach of fiduciary duty. Justice Lee, citing O’Connor Associates Environmental Inc v MEC OP LLC, 2014 ABCA 140 (CanLII), noted that the applicable test in a Strike Application is whether there is a reasonable prospect of the Claim succeeding. If there is a reasonable prospect of success the Claim will not be struck. Justice Lee also noted that striking pleadings that have no reasonable prospect of success accords with the recent cultural shift outlined in Hryniak v Mauldin, 2014 SCC 7 (CanLII). The negligence and breach of fiduciary duties claims were ultimately struck since they disclosed no reasonable prospect of success.

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