Rivard v. Ontario

JurisdictionOntario
CourtCourt of Appeal (Ontario)
Neutral Citation2025 ONCA 100
Citation2025 ONCA 100
Docket NumberCOA-24-CV-0536
Date13 February 2025

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5 practice notes
  • Athanasiou v. King
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 28, 2025
    ...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
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 22, 2025
    ...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
    • Canada
    • Court of Appeal (Ontario)
    • December 15, 2025
    ...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.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 27, 2025
    ...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
  • Athanasiou v. King
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 28, 2025
    ...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
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • October 22, 2025
    ...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
    • Canada
    • Court of Appeal (Ontario)
    • December 15, 2025
    ...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.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 27, 2025
    ...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