What is the test for striking out a pleading which is irrelevant to the matter?

Ontario, Canada


The following excerpt is from Gardner v. Toronto Police Services Board, 2006 CanLII 28101 (ON SC):

A pleading which is irrelevant to the matter and where the allegations made are frivolous and vexatious should be struck under Rule 25.11. In Senechal v. Muskoka (District Municipality) [2003] O.J. No. 885 (Sup.Ct.), Cameron J. wrote at para.52: A pleading that demonstrates a complete absence of material facts will be declared to be frivolous or vexatious. Pleadings that are irrelevant, argumentative, or inserted for colour or that constitute bare allegations should be struck out as scandalous. The same applies to a document that contains only argument and includes unfounded and inflammatory attacks on the integrity of a party, and speculative, unsupported allegations of defamation. The offending statements will be struck out as being scandalous and vexatious.

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