What are the principles for striking out a response to a civil claim?

British Columbia, Canada


The following excerpt is from Yu v Hao, 2019 BCSC 2449 (CanLII):

There is a court decision of Madam Justice Fitzpatrick, Schwarzinger v. Bramwell, 2011 BCSC 304, in which the court summarized some of the principles for striking out a response to civil claim. The overarching principle requires that the court consider whether, in all of the circumstances, justice requires that the defence be struck. It is a Draconian measure and it will only be in extreme cases that a party’s claims will be struck. There are second chances that generally the parties are entitled to before such relief is granted and there should be a consideration as to whether the striking of a party’s claim is disproportionate in all the circumstances and whether there is a lesser or alternate remedy and whether there has been any explanation of non-compliance for the default.

Those same principles were applied in the family law context in the case of Anderson v. Anderson, 2011 BCSC 1465, a decision of Mr. Justice Ehrcke.

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