Can Rule 129 be used to strike an originating notice?
Alberta, Canada
The following excerpt is from Isley v. Northern Alberta Institute of Technology, 2004 ABQB 136 (CanLII):
Rule 129 can be used to strike an originating notice where it can be shown, without admitting evidence, that the originating notice discloses no cause of action; or where it can be established that the pleading is scandalous, frivolous, or vexatious; or otherwise is an abuse of the process of the court: Rule 129(3); Thomlinson v. Alberta (Child Services), 2003 ABQB 308 at paras. 31 and 33.
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