Is Rule 9‑5(1) of the Rules of Civil Procedure striking out a pleading?
British Columbia, Canada
The following excerpt is from 8640025 Canada Inc. (Re), 2018 BCSC 1260 (CanLII):
Rule 9‑5(1) is in my view broader. It permits the court to strike out the whole or any part of a pleading, petition or any other document. In Walker v. John Doe, 2014 BCSC 830, Justice Butler found that the word "document" contained in Rule 9‑5 means a document which is required to formally set out a party's position, claim or defence.
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