What is the legal test for a motion to strike in a professional engineering union?
Ontario, Canada
The following excerpt is from Joshi v National Bank of Canada, 2016 ONSC 3510 (CanLII):
As held by Justice Myers in Salehi v. Professional Engineers Ontario 2014 ONSC 3816 (CanLII), a claim is to be read generously with allowance for mere drafting deficiencies. The test on a motion to strike is no doubt a stringent one as I must be satisfied that the claim, or a radical defect therein, is certain to fail.
"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
Can a motion to strike be delivered while the decision on a motion of strike is under reserve? (Ontario, Canada)
On an interim motion, is it more likely that the court will grant a motion to allow the motion to be heard before trial? (Ontario, Canada)
What are the redacted text messages of a unionized unionized employee and the union’s lawyer? (Ontario, Canada)
What is the legal test for obtaining a certificate of professional conduct under the Canadian Professional Association of Chartered Accountants? (Ontario, Canada)
What is the test for striking a motion to strike? (Ontario, Canada)
What is the legal test for a motion to stay a motion for a stay of execution? (Ontario, Canada)
On a motion to strike out a pleading, can the court strike out the pleading? (Ontario, Canada)
Can a motion to strike proceed before a contempt motion is decided? (Ontario, Canada)
What is the test for elevated costs of a motion for a motion to amend a motion? (Ontario, Canada)
What is the standard of review for a motion of no confidence in a motion to amend the terms of a motion? (Ontario, Canada)
