Can a defence of unreasonableness be struck pursuant to Rule 19(24)?
British Columbia, Canada
The following excerpt is from Litchfield Holdings v. Kingsway General Ins., 2002 BCSC 1665 (CanLII):
As set out in Hunt v. T & N plc (1990), 1990 CanLII 90 (SCC), 49 B.C.L.R. (2d) 273 at 289 (S.C.C.), a defence should be struck pursuant to Rule 19(24) where it is “plain and obvious” that there is not a valid defence. While the law in B.C. is not entirely clear regarding whether a settlement which is not the subject of a court order can be challenged on the basis of “unreasonableness,” it is not plain and obvious that it cannot. Accordingly, I will not strike portions of the defence on the basis that there is no defence of unreasonableness.
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