Motion to Strike a Document or Claim: Difference between revisions
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[[Category:Small Claims]] | [[Category:Small Claims]] | ||
[[Category:Rule 12 - Amendment, Striking out, Stay and Dismissal (SCSM Rules)]] | [[Category:Rule 12 - Amendment, Striking out, Stay and Dismissal (SCSM Rules)]] | ||
== | ==Courts of Justice Act, R.S.O. 1990, c. C.43<ref name="SCR-12"/>=== | ||
*Rule 12.02 - O. Reg. 258/98: Rule of the Small Claims Court | |||
* | |||
12.02 (1) The court may, on motion, strike out or amend all or part of any document that, | 12.02 (1) The court may, on motion, strike out or amend all or part of any document that, | ||
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::2.1 In the case of a motion, order that the motion be stayed or dismissed. | ::2.1 In the case of a motion, order that the motion be stayed or dismissed. | ||
::3. Impose such terms as are just. | ::3. Impose such terms as are just. | ||
<ref name="SCR-12">O. Reg. 258/98: Rule of the Small Claims Court, <https://www.ontario.ca/laws/regulation/980258>, retrieved on 2020-06-12</ref> | |||
Revision as of 02:14, 13 June 2020
Courts of Justice Act, R.S.O. 1990, c. C.43[1]=
- Rule 12.02 - O. Reg. 258/98: Rule of the Small Claims Court
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.
- ↑ 1.0 1.1 O. Reg. 258/98: Rule of the Small Claims Court, <https://www.ontario.ca/laws/regulation/980258>, retrieved on 2020-06-12
