The moving physician defendants brought a motion to strike portions of a statement of claim and dismiss the action against them in a medical negligence action arising from a brain biopsy procedure.
They argued that the pleading contained generalized allegations of negligence without material facts identifying each defendant’s role or specific acts or omissions.
Applying the “plain and obvious” test for striking pleadings, the court found the claim as drafted disclosed no reasonable cause of action against the moving defendants.
However, the deficiencies were considered curable through amendment and the defendants failed to establish prejudice that would justify denying leave to amend.
The impugned paragraphs were struck but the plaintiff was granted leave to amend the statement of claim within 30 days.
