What are the implications of Rule 25.11 when it comes to striking paragraphs 6 and 7 of the Amended Statement of Defence?
Ontario, Canada
The following excerpt is from Oblates of Mary Immaculate, St. Peter's Province v. 3220605 Canada Inc. (Life Lease Associates of Canada), 2007 CanLII 36826 (ON SC):
Contrary to the Plaintiffs’ interpretation of Rule 25.11 (supra), paragraphs 6 and 7 of the Amended Statement of Defence are not scandalous, frivolous or vexatious. By reviewing the full text of Justice Epstein’s clarifications of Rule 25.11 in George v. Harris, supra, it is clear that portions of pleadings will be struck where they have basically no relevance whatsoever and are simply argumentative or inserted only for colour. This is anything but the case here.
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