What is the test for striking Rule 25.11?
Ontario, Canada
The following excerpt is from Colangelo v. Royal Mutual Funds Inc., 2019 ONSC 7207 (CanLII):
The defendants argue that these paragraphs violate Rule 25.11 and should be struck. To succeed, the defendants must establish that it is plain and obvious that those portions of the pleading are frivolous, vexatious or an abuse of the court’s process (Miguna v. Toronto Police Services Board 2008 ONCA 799 at paragraph 34).
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