What is the test for striking a pleading under sub-rule 9-5(1)(a)?
British Columbia, Canada
The following excerpt is from British Columbia (Civil Forfeiture) v. Hells Angels Motorcycle Corporation, 2013 BCSC 1003 (CanLII):
Whether pleadings should be struck under sub-rule 9-5(1)(a) requires consideration of whether the impugned pleading are legally capable of establishing the existence of a claim or defence. It requires a pleadings-only based analysis, assuming that the facts pleaded are true. See: Odhavji Estate v. Woodhouse, 2003 SCC 69 at para. 15.
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