What is the test for a motion to have a pleading struck out?
Ontario, Canada
The following excerpt is from Sachedina v. De Rose, 2017 ONSC 6560 (CanLII):
Schulz v. Johns 2014 CarswellOnt 638, is a decision of Perell J. From paragraph 9, I quote, “I intend to deal with the defendants’ motion on its merits, but I wish to point out that their motion could have been dismissed because they took the further step or fresh step of delivering a pleading rather than bringing a motion to have the original Statement of Claim struck out.”
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