What is the test for a motion to strike out certain paragraphs from a Notice of Civil Claim?
British Columbia, Canada
The following excerpt is from EY Holdings Ltd. v. Great Pacific Mortgage & Investments Ltd., 2017 BCSC 129 (CanLII):
The defendants apply pursuant to Rule 9-5(1)(a) to strike out certain paragraphs of the plaintiffs’ Notice of Civil Claim. The basis for the application is that the paragraphs at issue violate the rule expressed in Foss v. Harbottle (1843), 2 Hare 461, 67 E.R. 189 (Ch).
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