Simon's Megalomaniacal Legal Resources

Civil Litigation - Striking Pleadings - Standard of Appellate Review

. Palmer v. Teva Canada Limited

In Palmer v. Teva Canada Limited (Ont CA, 2024) the Ontario Court of Appeal dismissed an appeal against a lower court dismissal of a class action certification motion.

Here the court identifies the SOR for the certification element of 'disclosing a cause of action' [CPA s.5(1)(a)] as correctness (ie. error of law):

[29] The standard of review applicable to a motion judge’s determination of law that a claim discloses no reasonable cause of action is correctness: Bowman v. Ontario, 2022 ONCA 477, 162 O.R. (3d) 561, at para. 26.

. Peerenboom v. Peerenboom

In Peerenboom v. Peerenboom (Ont CA, 2020) the Court of Appeal considered an issue of striking pleadings:

[47] A decision to strike pleadings and to deny participation at trial is entitled to deference if exercised on proper principles and in the absence of a material misapprehension of the evidence: Purcaru v. Purcaru, 2010 ONCA 92, 75 R.F.L. (6th) 33, at paras. 49-50; Chiaramonte v. Chiaramonte, 2013 ONCA 641, 370 D.L.R. (4th) 328, at para. 33. Robert has failed to demonstrate any such error here.