What is the case law in favour of striking a reply pleading?

British Columbia, Canada


The following excerpt is from Homan v Nemanishen, 2021 BCSC 2515 (CanLII):

The College relies on the reasoning found in Certus Strategies (British Columbia) Corporation v. Insurance Corporation of British Columbia, 2005 BCSC 608 where similar issues arose. In that decision, Justice Goepel (as he then was) found that the reply pleading was not responsive, repeated allegations from the notice of civil claim and purported to supplement or amend a notice of civil claim. He concluded that the pleading was “embarrassing” and ought to be struck:

Other Questions


Does the decision not to permit further amendments before striking pleadings before striking the pleadings is discretionary? (British Columbia, Canada)
Is a lack of precision in a pleading sufficient to strike the pleading? (British Columbia, Canada)
What are the relevant factors for striking a pleading? (British Columbia, Canada)
What is the case law in favour of striking defamation claims against two defendants? (British Columbia, Canada)
What is the relevant case law for striking a plaintiff’s pleadings as disclosing no reasonable cause of action? (British Columbia, Canada)
What is the effect of striking a pleading in a civil case? (British Columbia, Canada)
What is the test for striking a Defendant's pleadings? (British Columbia, Canada)
What is the test for striking out pleadings in a class action? (British Columbia, Canada)
In what circumstances will a judge strike a plaintiff's pleadings? (British Columbia, Canada)
What is the test for striking a pleading under R. 9-5(1)(b)? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.