The plaintiff brought an action alleging he contracted mesothelioma from asbestos exposure and claimed the defendants conspired to withhold information about the dangers of asbestos.
The defendants applied to strike out the conspiracy claims as disclosing no reasonable claim.
The Supreme Court of Canada held that a statement of claim should only be struck out if it is 'plain and obvious' that it discloses no reasonable claim.
The Court found it was not plain and obvious that the conspiracy claim would fail, and the action was allowed to proceed.
