What is the test for striking a pleading under R. 9-5(1)(b)?
British Columbia, Canada
The following excerpt is from Wotherspoon v. Steele, 2016 BCSC 818 (CanLII):
The test for striking a pleading under R. 9-5(1)(b), on the basis that it is unnecessary, scandalous, frivolous or vexatious, was recently summarized in Willow v. Chong, 2013 BCSC 1083, where Madam Justice Fisher said:
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