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Dawson v Rexcraft. Storage & Warehouse Inc. (1998), 164 DLR (4th) 257, 20 RPR (3d) 545 (Ont CA)

Facts:

21.01(b) and 20.01(1), (3), and (4) are devices to challenge the merits of a Ps claim or the Ds defence before trial
Essence of claim under 21.01(b)
**Ds motion is that the wrong in SoC is not recognized as a violation of Ps legal rights
**No evidence is considered when making a decision on this

Issue(s):

Does the SoC state a legally sufficient claim?

Ratio:

Only strike out if “plain and obvious” claim cannot succeed

Analysis:

21.01(b)
**In some cases a SoC will be vulnerable to dismissal bc P has sought relief for facts that are not proscribed under the law
**Offers no assistance in weeding out cases where a substantively adequate claim, or defence, has been pleaded, but cannot be proved – this is the function of r.20 (motion for summary judgment)

r.20
**Permits motion judge to consult the pleadings, affidavits, cross-examination, discovery, admissions and other evidence to determine where there is a genuine factual dispute between the parties


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