Category:Small Claims: Difference between revisions

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Revision as of 23:03, 3 February 2020

12.02 (1) The court may, on motion, strike out or amend all or part of any document that,

(a) discloses no reasonable cause of action or defence;

(b) may delay or make it difficult to have a fair trial; or

(c) is inflammatory, a waste of time, a nuisance or an abuse of the court’s process.

(2) In connection with an order striking out or amending a document under subrule (1), the court may do one or more of the following:

1. In the case of a claim, order that the action be stayed or dismissed.

2. In the case of a defence, strike out the defence and grant judgment.

2.1 In the case of a motion, order that the motion be stayed or dismissed.

3. Impose such terms as are just.

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 ==Jurisdiction==
 ===[https://www.ontario.ca/laws/statute/90c43/v30#BK20 Courts of Justice Act, R.S.O. 1990, c. C.43]===
+*[[https://www.ontario.ca/laws/regulation/980258 Rule 12.02 - O. Reg. 258/98: RULES OF THE SMALL CLAIMS COURT]]
+.02 (1) The court may, on motion, strike out or amend all or part of any document that,
+::(a) discloses no reasonable cause of action or defence;
+::(b) may delay or make it difficult to have a fair trial; or
+::(c) is inflammatory, a waste of time, a nuisance or an abuse of the court’s process.
+:(2) In connection with an order striking out or amending a document under subrule (1), the court may do one or more of the following:
+::1. In the case of a claim, order that the action be stayed or dismissed.
+::2. In the case of a defence, strike out the defence and grant judgment.
+::2.1 In the case of a motion, order that the motion be stayed or dismissed.
+::3. Impose such terms as are just.