Can Rule 51.06 apply to a motion to strike a pleading?

Ontario, Canada


The following excerpt is from JBN Medical Diagnostic Services Inc. v. 1527877 Ontario Inc., 2009 CanLII 9755 (ON SC):

The rule is drafted as to be very broad in its application. I see no reason why it could not apply to a motion to strike a pleading. Nevertheless, it must not be applied without meeting its inherent requirements, which are described in the case law as “stringent.” The requirements for resort to rule 51.06 are set out in the judgement if Mesbur J. in Belovich v. Steiner, [2009] O.J. No. 412 (¶29): (a) the admission must be clear and definite; (b) the admission must be of such facts as to show that the party is clearly entitled to the order asked for; (c) the rule does not apply where there is any serious question of law to be argued; (d) the rule does not apply where there is a serious question of fact outstanding; (e) the motion must be based on admissions, and proof of facts is not permitted; (f) the motion should be granted only in a clear case and much care must be taken not to take away the right of trial on oral evidence.

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