What is the current test for striking out pleadings under Rule 129 of the Rules of Civil Procedure?
Alberta, Canada
The following excerpt is from P.L. v. Alberta, 2012 ABQB 309 (CanLII):
The Province notes that I held in Donaldson v. Farrell, 2011 ABQB 11, that the new Rules have not modified or lessened the test for striking out pleadings, as existed under old Rule 129.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does section 25 of the Civil Code of Civil Procedure, s. 25(1) of the Rules of Justice, protect against excessive force? (Alberta, Canada)
What is the role of the Rules of Civil Procedure in the administration of civil justice in Canada? (Alberta, Canada)
What is the test for amendment to Rule 132 of the Rules of Civil Procedure? (Alberta, Canada)
How have the courts interpreted Rule 9.13 of the Rules of Civil Procedure? (Alberta, Canada)
What is the purpose of Rule 217 of the Rules of Civil Procedure? (Alberta, Canada)
What documents and records need to be disclosed under Rule 186.1 of the Rules of Civil Procedure? (Alberta, Canada)
Can a solicitor be served as an agent under Rule 16 of the Scottish Rules of Civil Procedure? (Alberta, Canada)
Does section 77(1) of the Rules of Civil Procedure apply to a plaintiff's accident report? (Alberta, Canada)
Is an application to strike out a pleading on the ground it does not disclose a cause of action an attack on the sufficiency of the pleading? (Alberta, Canada)
Does s.32 and the Rules of Civil Procedure apply to separate actions in a Statement of Claim and Counterclaim? (Alberta, Canada)
