When striking pleadings, the
moving party must show that it is "plain, obvious, and beyond
doubt" that the plaintiff's claim could not succeed
– it must have no reasonable prospect of success. This is
typically a high bar to meet. However, when a subcontractor
advances claims against the federal Crown as owner for unpaid
construction work, do such claims have a reasonable prospect of
success? An Ontario court considered this issue, and ultimately
struck the plaintiff's claims against the Crown.
Background
This matter related to a construction project to replace a
bridge. HPN Engineering was the general contractor. It retained the
plaintiff, Central Welding and Iron Works, as structural steel
subcontractor. HPN provided partial payment to Central for its
completed work. The owner, Public Works and Government Services
Canada, a federal Crown corporation, failed to certify substantial
performance of the project or of Central's subcontract with
HPN. As such, HPN
