Rivard v. Ontario
| Jurisdiction | Ontario |
| Court | Court of Appeal (Ontario) |
| Neutral Citation | 2025 ONCA 100 |
| Citation | 2025 ONCA 100 |
| Docket Number | COA-24-CV-0536 |
| Date | 13 February 2025 |
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5 practice notes
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Athanasiou v. King
...the motions to strike under r. 21.01(1)(b), I am guided by the principles that Gomery J.A. recently summarized in Rivard v. Ontario, 2025 ONCA 100 at para 22: [22] A claim should only be struck under r. 21.01(1)(b) if it is plain and obvious that there is no reasonable prospect it can......
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Singh v. BMW Canada et al
...plain and obvious that it has no reasonable prospect of success: Hunt v. Carey Canada Inc., [1990] 2 SCR 959 at 980; Rivard v. Ontario, 2025 ONCA 100 at para 22. All facts pleaded in the statement of claim are assumed to be true unless patently ridiculous or incapable of proof: Hunt a......
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Sienna v. Duckett
...the time of the motion [to strike]. It may only hope to be able to prove them. But plead them it must.” Recently, in Rivard v. Ontario, 2025 ONCA 100, at paras. 51-53, this court recognized that, in a situation where some details about the factual circumstances relevant to a claim are in “t......
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1943528 Ontario Inc. v. Bayview Foodmart Ltd.
...obvious” that the pleading discloses no reasonable cause of action. The Court of Appeal recently addressed the test in Rivard v. Ontario, 2025 ONCA 100 at para. A claim should only be struck under r. 21.01(1)(b) if it is plain and obvious that there is no reasonable prospect it can succeed…......
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5 cases
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Athanasiou v. King
...the motions to strike under r. 21.01(1)(b), I am guided by the principles that Gomery J.A. recently summarized in Rivard v. Ontario, 2025 ONCA 100 at para 22: [22] A claim should only be struck under r. 21.01(1)(b) if it is plain and obvious that there is no reasonable prospect it can......
-
Singh v. BMW Canada et al
...plain and obvious that it has no reasonable prospect of success: Hunt v. Carey Canada Inc., [1990] 2 SCR 959 at 980; Rivard v. Ontario, 2025 ONCA 100 at para 22. All facts pleaded in the statement of claim are assumed to be true unless patently ridiculous or incapable of proof: Hunt a......
-
Sienna v. Duckett
...the time of the motion [to strike]. It may only hope to be able to prove them. But plead them it must.” Recently, in Rivard v. Ontario, 2025 ONCA 100, at paras. 51-53, this court recognized that, in a situation where some details about the factual circumstances relevant to a claim are in “t......
-
1943528 Ontario Inc. v. Bayview Foodmart Ltd.
...obvious” that the pleading discloses no reasonable cause of action. The Court of Appeal recently addressed the test in Rivard v. Ontario, 2025 ONCA 100 at para. A claim should only be struck under r. 21.01(1)(b) if it is plain and obvious that there is no reasonable prospect it can succeed…......
Get Started for Free