What is the test for a motion to remove paragraph 6 of Rule 173 of the Rules of Civil Procedure?
Saskatchewan, Canada
The following excerpt is from Holgate v. Saskatchewan Legal Aid Commission, 1984 CanLII 2501 (SK QB):
Paragraph 6 as it now stands is objectionable as it raises irrelevant matters and is therefore embarrassing within the meaning of Rule 173. See Miller v. Draper, [1942] O.W.N. 650. As the Assistant Master noted in that case payment into court is not a defence, assuming there has been no tender, but rather an offer to compromise. I would refuse the defendant’s motion for those reasons alone but I conclude that it would be unwise to limit myself to those rulings. The operation of our rules must be addressed.
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