What is the test for a strike in a notice of civil claim?
British Columbia, Canada
The following excerpt is from Samuda v Knight, 2019 BCSC 133 (CanLII):
As noted in Sahyoun v. Ho, 2013 BCSC 1143 at paras. 18-19 [Sahyoun], the purpose of a proper notice of civil claim is to enable the defendant to identify the claim he or she must address and meet. It also advances the fairness of pretrial processes. The defendants at trial should not have to guess what it is they are alleged to have done. It is these fundamental principles that underlie the law surrounding applications to strike pleadings.
The legal principles applicable in applications to strike were recently summarized in Green v. Proline Management Limited, 2017 BCSC 1656 [Green].
"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
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
What is the test for striking a notice of civil claim? (British Columbia, Canada)
What is the test for striking a notice of civil claim due to an abuse of process? (British Columbia, Canada)
What is the test for a motion to strike out certain paragraphs from a Notice of Civil Claim? (British Columbia, Canada)
What are the principles for striking out a response to a civil claim? (British Columbia, Canada)
Can a plaintiff proceed on the basis that the allegations set out in the notice of civil claim are true? (British Columbia, Canada)
What is the effect of default judgment on a notice of civil claim? (British Columbia, Canada)
In a notice of civil claim action, does a defendant have to disclose customer data in order to be successful? (British Columbia, Canada)
What is the judicial excuse to strike a jury notice in a complex claim? (British Columbia, Canada)
What is the test for striking out a claim under Rule 9-5 of the Rules of Civil Procedure? (British Columbia, Canada)
