When will a court strike a pleading against a new defendant?
Ontario, Canada
The following excerpt is from Ali v Region of Waterloo et al., 2017 ONSC 986 (CanLII):
In conducting its analysis on whether to strike a pleading, the court is not concerned with the factual and evidentiary merits of the claim against the proposed new defendant, nor with the credibility of the moving party, but only with whether the pleading itself is tenable at law (Brown v. University of Windsor, 2014 ONSC 4666 at para. 28).
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