In what circumstances will a summary application be set aside?

Saskatchewan, Canada

The following excerpt is from F. v. Koyl Securities Limited, 1939 CanLII 193 (SK QB):

In Glass v. Grant (1888) 12 P.R. 480, it was held, according to the headnote: “As a general rule pleadings should not be set aside on summary applications unless so plainly frivolous or indefensible as to invite excision. Where a matter is doubtful or difficult it is better to leave the objecting party to demur; and even if the pleading appears to be demur able, that is not a sufficient reason for expunging it from the record.”

In Rickerd and Powell v. Weber, supra, Ewing, J. is reported on p. 117, [1934] 1 W.W.R., in part as follows: “Several grounds for striking out the counterclaim are alleged. The first is that the counterclaim is scandalous and tends to prejudice, embarrass or delay a fair trial of the action. It is at once apparent that if the allegations contained in the counterclaim are true they are not scandalous, at least in the sense in which that term is used as a ground for striking out a pleading.”

In Fenhoulet v. Passavant, supra, the Lord Chancellor in his judgment is reported as follows: “The single question is, whether these charges, referred for scandal and impertinence, may be relevant to the merits; and the majus or minus of the relevancy is not material, which turns on this, whether plaintiff has any ground for this suit or not; for if relevant, it cannot be said they are scandalous or impertinent. Otherwise it would be laying down a rule, that all charges of fraud are scandalous; which would be dangerous, and cannot be the rule; for nothing pertinent to the cause can be said to be scandalous.”

Other Questions

When will a defence be set aside in a summary application? (Saskatchewan, Canada)
What is the test for an application for summary judgment based on three bills of exchange? (Saskatchewan, Canada)
What is the test for an application to set aside an interim order? (Saskatchewan, Canada)
Can a garnishee application be set aside? (Saskatchewan, Canada)
In what circumstances will the court dismiss an application to strike an action for interim distribution or exclusive possession? (Saskatchewan, Canada)
In what circumstances will a voluntary transfer of funds be set aside? (Saskatchewan, Canada)
In what circumstances will an application for interim alimony be refused? (Saskatchewan, Canada)
In what circumstances will an application for relief be successful because of the applicant's failure to read or understand the seriousness of the legal documents set out the claim against him? (Saskatchewan, Canada)
In what circumstances will a plaintiff be able to bring an application for damages against a defendant in the Superior Court of Justice? (Saskatchewan, Canada)
In what circumstances will a committee of members of a committee succeed in vesting an application for a vesting order? (Saskatchewan, Canada)

There are no other similar questions at this time.