What is the test for striking a claim pursuant to Rule 9-5 (1)?
British Columbia, Canada
The following excerpt is from Miroshnychenko v Antufeay, 2021 BCSC 1531 (CanLII):
The test for striking a claim pursuant to Rule 9-5 (1) and the applicable jurisprudence was summarized by Burnyeat J. in Gateway Building Management Limited v. Manjit Singh Randhawa 2013 BCSC 350 at paras. 16 and 17:
"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)
Does a bank have the authority to strike out certain parts of its statement of claim relating to derivative claims? (British Columbia, Canada)
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
What is the test for a strike in a notice of civil 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)
What is the difference between moral claims and moral claims? (British Columbia, Canada)
Can a personal representative of the deceased's estate make a claim under s. 151(3) of the BC Supreme Court of Justice for personal representative leave to continue to pursue his claim? (British Columbia, Canada)
What is the basis for a claim for breach of contract where the applicant does not use the word "honestness" in his statement of claim? (British Columbia, Canada)
What are the principles for striking out a response to a civil claim? (British Columbia, Canada)
What is the test for striking out a statement of claim under Rule 19(24)(a)? (British Columbia, Canada)
