What is the test for striking pleadings?
Ontario, Canada
The following excerpt is from T.B.A. v. A.P.W., 2018 ONCJ 301 (CanLII):
Even in the event of a court finding a “triggering event", justifying the striking of pleadings, it is still within the discretion of the court to decide to strike or not on all of the circumstances of the case. Given the exceptional nature of the remedy, the court should examine other remedies that might be appropriate in lieu of striking pleadings, which is the third step of the three-pronged test. See Van v. Palombi, supra, at paragraph 36.
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